Summary: Claimant sought review of the Social Security Administration's denial of her application for disability insurance benefits. The magistrate judge opined there was not substantial evidence in the record to support the ALJ’s assessment of the claimant’s residual functional capacity, but held that the evidence was not so transparently one-sided in the claimant’s favor to warrant an award of benefits. Consequently, the judge recommended that the matter be remanded to the Social Security Commissioner under sentence four of 42 U.S.C. § 405(g).

Case Name: Kemnitz v. SSA

Case Number: 1-05-cv-125

Docket Number: 11

Date Filed: 10/06/06

Nature of Suit: 863

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NORTH DAKOTA

SOUTHWESTERN DIVISION

Marlyce K. Kemnitz,

Plaintiff,

-vs-

Jo Anne B. Barnhardt, Commissioner of Social Security,

Defendant.

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) REPORT AND RECOMMENDATION
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) Case No. 1:05-cv-125
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