DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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111969P.pdf 02/29/2012 Diana Phillips v. Michael J. Astrue
U.S. Court of Appeals Case No: 11-1969
U.S. District Court for the Eastern District of Arkansas - Jonesboro
[PUBLISHED] [Bye, Author, with Wollman and Murphy, Circuit Judges]
Civil Case - social security. Claimant, who was 4 months shy of her
fifty-fifth birthday, was treated as a person closely approaching advanced
age under the medical-vocational guidelines and established at least one
additional vocational adversity, established a borderline situation exists
warranting additional consideration by the Commissioner as to whether to
apply the higher age category. Because it it s not clear from the record
whether the Commissioner considered whether Phillips should be moved
to the higher age (advanced age) category, substantial evidence does not
support the Commissioner's decision and the case is remanded for further
proceedings. Judge Wollman dissents.