McGinnis v. Astrue

OPINION

JAMES P. JONES, Chief Judge.

In this social security case, I vacate the final decision of the Commissioner of Social Security (the “Commissioner”) and remand for further consideration.

I

The plaintiff, Kenneth McGinnis, filed this action challenging the Commissioner’s decision to deny his claim for disability insurance benefits pursuant to Title II of the Social Security Act (“Act”), 42 U.S.C.A. §§ 401-434 (West 2003 & Supp. 2009). Jurisdiction of this court exists pursuant to 42 U.S.C.A. § 405(g).

McGinnis protectively filed for benefits on February 22, 2007, alleging his disability began…