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Terry v. Astrue

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ARGUED JULY 8, 2009

Before ROVNER, WOOD and WILLIAMS, Circuit Judges.

Lotresia Terry applied for Disability Insurance Benefits, asserting that she cannot work because she suffers from depression, fibromyalgia, hypertension, pelvic floor disorder, hematuria, and severe back pain following spinal fusion surgery. After her claim was administratively denied, an administrative law judge (“ALJ”) reviewed her claim and concluded that Terry’s impairments did not render her disabled. The Social Security Appeals Council denied her request for review and the district court held that the ALJ’s decision was supported by substantial evidence. Terry appeals. Because the ALJ relied on an unsigned medical report that should have been excluded from the record, failed to consider all of Terry’s impairments, and erroneously found her not credible, we remand the case to the agency.

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