073561P.pdf   05/06/2009  Donna Pate-Fires  v.  Michael Astrue
   U.S. Court of Appeals Case No:  07-3561
   U.S. District Court for the Eastern District of Arkansas - Jonesboro   
   [PUBLISHED] [Bye, Author, Murphy and Shepherd, Circuit Judges]
   Civil case - Social Security. The ALJ"s finding that claimant retained
   the residual functional capacity to perform her past work was not
   supported by substantial evidence; claimant's noncompliance with her
   medication regimen was justified by her mental illness, and the ALJ's
   conclusion that it was not justifiable and precluded a finding of disability
   was not supported by substantial evidence; the medical evidence showed
   claimant suffers from a severe mental impairment and cannot be expected
   to engage in gainful employment; the denial of benefits is reversed, and
   the case is remanded with directions for an immediate award of benefits.
   Judge Shepherd, concurring in part and dissenting in part.