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RATHE v. SOCIAL SEC. ADMIN.

No. 4:08CV3011.

583 F.Supp.2d 1035 (2008)

Mary J. RATHE, Plaintiff, v. SOCIAL SECURITY ADMINISTRTION, Michael J. Astrue, Commissioner, Defendant.

United States District Court, D. Nebraska.

October 29, 2008.

Attorney(s) appearing for the Case

Harvey G. Froscheiser, Cada & Associates, Lincoln, NE, for Plaintiff.

Lynnett M. Wagner, Assistant United States Attorney-Lincoln, Lincoln, NE, for Defendant.

MEMORANDUM AND ORDER

RICHARD G. KOPF, District Judge.

Everyone agrees that Mary J. Rathe (Rathe), who is now 58 years old, has a serious problem with her back and her bones. While finding that Rathe was generally credible, the Administrative Law Judge (ALJ) discounted Rathe's account of disabling pain. The ALJ did so after inviting Rathe's treating physician to submit post-hearing information. Believing that the physician failed to accept that invitation...

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