Burroughs v. Colvin (CONSENT)

Filing 20

MEMORANDUM OPINION AND ORDER: it is hereby ORDERED that the 18 motion to remand is GRANTED; further ORDERED and ADJUDGED that the decision of the Commissioner is hereby REVERSED and this case is REMANDED to the Commissioner for further proceedings consistent with this opinion, as further set out in order. Signed by Honorable Judge Terry F. Moorer on 4/7/2016. Copies mailed to SSA Chief Judge and SSA Office of Hearings and Appeals.(wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
LEVAN BURROUGHS,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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Case No. 1:15-cv-542-TFM

MEMORANDUM OPINION AND ORDER
Pending before the Court is Defendant’s Consent Motion for Entry of Judgment
Under Sentence Four of 42 U.S.C. § 405(g) with Reversal and Remand of the Case to
Defendant and Brief in Support (Docs. 18-19, filed 4/6/16).
remand pursuant to sentence four of 42 U.S.C. § 405(g).

The motion requests

The Plaintiff does not object to

the remand.
Accordingly, it is hereby ORDERED that the motion to remand (Doc. 18) is
GRANTED.

It is further ORDERED and ADJUDGED that the decision of the

Commissioner is hereby REVERSED and this case is REMANDED to the Commissioner
for further proceedings consistent with this opinion.
On remand, the Administrative Law Judge (ALJ) shall consider the following:
(a) re-evaluate Plaintiff’s fecal incontinence; (b) further evaluate and explain the weight
given to the opinion evidence, including Dr. Alayne Markland’s opinion; (c) reassess
Plaintiff’s residual functional capacity, as necessary; and (d) if warranted, obtain

supplemental evidence from a vocational expert to clarify the effect of the assessed
limitations on Plaintiff’s occupational base.
A separate judgment shall be entered.
DONE this 7th day of April, 2016.
/s/ Terry F. Moorer
TERRY F. MOORER
UNITED STATES MAGISTRATE JUDGE