1

On February 12, 2007, Michael J. Astrue was sworn in as the Commissioner of Social Security. Pursuant to

Rule 25(d)(1) of the Federal Rules of Civil Procedure, Michael J. Astrue should be substituted for Commissioner Jo

Anne B. Barnhardt as the defendant in this suit. No further action need be taken to continue this suit pursuant to the last

sentence of the Social Security Act, 42 U.S.C. § 405(g). 

2

As detailed by the magistrate judge, this is Plaintiff’s second federal complaint related to denial of disability

benefits. His first complaint was filed on June 18, 2003. See Fisher v. Barnhart, No. 3:03-CV-1357-D. In that case,

the Honorable Sidney A. Fitzwater issued a final judgment remanding the case to the Commissioner and directing the

Administrative Law Judge to, among other things, re-weigh the opinion of Plaintiff’s treating physician, Dennis Lehman,

M.D., as well as the opinions of medical expert Anne Turbeville, M.D. 

Order – Page 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

LARRY T. FISHER, §

§

Plaintiff, §

§

v. § Civil Action No. 3:06-CV-100-L

§

MICHAEL J. ASTRUE, Commissioner §

of the Social Security Administration,1 §

§

Defendant. §

ORDER

This is a social security case. Plaintiff Larry T. Fisher (“Plaintiff” or “Fisher”) filed this

action seeking judicial review of a final decision of the Commissioner of Social Security denying

his applications for disability insurance under the Social Security Act, 42 U.S.C. § 401, et. seq. (the

“Act”).2 Pursuant to 28 U.S.C. § 636(b), and an order of the court in implementation thereof, the

case was referred to United States Magistrate Judge William F. Sanderson, Jr., for review and

submission of proposed findings of fact and recommendation for disposition. On June 5, 2007, the

Findings, Conclusions and Recommendation of the United States Magistrate Judge (the “Report”)

were filed, to which no objections were filed. 
Order – Page 2

After a thorough analysis of the approximately 1200-page record in this case and applicable

law, the magistrate judge concluded that the Administrative Law Judge’s decision (standing as the

final decision of the Commissioner) to deny Fisher disability benefits was “not supported by

substantial evidence.” See Report at 7. The magistrate judge found that the ALJ erred in his failure

to follow the directives of Judge Fitzwater (see supra n. 2) and the related directives of the Appeals

Council, and that such error prejudiced Plaintiff. Id. at 10-11. Based on these findings, and in light

of the fully developed record in this case, the magistrate judge recommended that the district court

reverse the ALJ’s decision and grant Plaintiff the relief he sought, namely, a finding that Plaintiff

is “disabled” under the Act and applicable regulations and an award of disability benefits to Plaintiff.

The magistrate judge further recommended that the district court remand the case to the

Commissioner solely for calculation and payment of the benefits to which Plaintiff is entitled. Id.

at 11. 

After an independent review of the pleadings, file, the fully developed record, applicable law,

and the magistrate judge’s findings and conclusions, the court determines that the magistrate judge’s

findings and conclusions are correct, and hereby accepts them as those of the court. Accordingly,

the court reverses the Commissioner’s final decision. The court determines that Plaintiff Larry T.

Fisher is disabled under the Act and applicable regulations, and grants a period of disability

insurance benefits commencing on October 3, 1996, the first date Dr. Lehman treated him. The

court further determines that October 22, 1998, the protective filing date for Plaintiff’s Supplemental

Security Income application, is deemed the protective filing date of all claims for disability benefits

to which he may be entitled. Finally, the court remands this matter to the Commissioner solely for

calculation and payment of benefits. 
Order – Page 3

It is so ordered this 31st day of July, 2007.

_________________________________

Sam A. Lindsay

United States District Judge