Terry v. Saul

Filing 35

OPINION AND ORDER: it is ORDERED that the Court's 27 Opinion & Order and 28 Final Judgment are hereby VACATED; It is further ORDERED that this case is REMANDED to the Commissioner for the purpose of conducting further proceedings, as provided for by sentence four of 42 USC 405(g), as further set out in order; A separate final judgment shall enter. Signed by Magistrate Judge Stephen Michael Doyle on 5/23/2023. (bes, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
HELEN TERRY,
Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.

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Case No. 1:20-cv-1001-SMD

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OPINION AND ORDER
Plaintiff Helen Terry (“Terry”) filed for a period of disability and disability
insurance benefits (“DIB”) on May 18, 2016, alleging she became unable to work
beginning November 1, 2012. Terry’s application was denied at the initial administrative
level. She then requested and received a hearing before an Administrative Law Judge
(“ALJ”), who found that Terry was not disabled. Terry appealed the ALJ’s decision to the
Social Security Appeals Council (“Appeals Council”), which granted review and remanded
back to the ALJ, who held a second hearing. The ALJ again issued an unfavorable decision,
and Terry appealed that decision to the Appeals Council, which denied review.
Consequently, the ALJ’s decision became the final decision of the Commissioner of Social
Security (“Commissioner”). See Chester v. Bowen, 792 F.2d 129, 131 (11th Cir. 1986).
Terry appealed the Commissioner’s decision under 42 U.S.C. § 405(g). Compl.
(Doc. 1). On September 16, 2022, the undersigned entered an opinion and order finding
that the Commissioner’s decision was supported by substantial evidence. Opinion & Order

(Doc. 27). Accordingly, the undersigned entered final judgment in favor of the
Commissioner. Judgment (Doc. 28). Terry appealed the Court’s decision to the Eleventh
Circuit. Notice of Appeal (Doc. 29). On appeal, the Commissioner moved the Circuit to
“remand this cause to the district court with instructions to enter judgment remanding to
the Commissioner for further administrative proceedings” pursuant to sentence four. Terry
v. Comm’r, Soc. Sec. Admin, USCA11 Case: 22-13874, Mot. Remand (Doc. 18). The
Circuit granted the Commissioner’s Motion and remanded the case to this Court with
instructions to enter judgment and remand the matter to the Commissioner. Id. Order (Doc.
19). Therefore, as instructed by the Eleventh Circuit, it is
ORDERED that the Court’s Opinion & Order (Doc. 27) and Final Judgment (Doc.
28) are hereby VACATED. It is further
ORDERED that this case is REMANDED to the Commissioner for the purpose of
conducting further proceedings, as provided for by sentence four of 42 U.S.C. § 405(g).
On remand, the Appeals Council shall instruct the Administrative Law Judge to give
further consideration to the residual functional capacity; give further consideration to
Terry’s symptoms; obtain medical expert testimony regarding her functional limitations
resulting from her combination of severe impairments; offer her the opportunity for a
hearing; address the evidence submitted to the Appeals Council; take any further action
needed to complete the administrative record; and issue a new decision.
A separate final judgment shall enter.
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Done this 23rd day of May, 2023.

Stephen M. Doyle
CHIEF U.S. MAGISTRATE JUDGE

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