Baldwin v. Colvin

Filing 29

MEMORANDUM OPINION AND ORDER: it is hereby ORDERED that the 27 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 the motion and this opinion, as further set out in order; the Court DIRECTS the Commissioner to provide a copy of this order to Plf's representative in the second claim/proceedings. Signed by Honorable Judge Terry F. Moorer on 4/11/2017. (Copies mailed to SSA Chief Judge and SSA Office of Hearings and Appeals) (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
CAROL BALDWIN,

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Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

CASE NO. 2:16-cv-704-TFM
[wo]

MEMORANDUM OPINION AND ORDER
Pending before the Court is Defendant’s Motion for Entry of Judgment with Remand to
Defendant and Brief in Support (Docs. 27-28, filed 4/4/17).

The motion requests remand

pursuant to sentence four of 42 U.S.C. § 405(g).
Accordingly, it is hereby ORDERED that the motion to remand (Doc. 27) 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 the motion and this opinion.
On remand, the Administrative Law Judge (ALJ) shall consider the following: the
Commissioner will evaluate Plaintiff’s mental impairment in accordance with the special
technique described in 20 C.F.R. § 404.1520a and §416.920a, document application of the
technique in the decision; and provide specific findings and appropriate rationale for each
functional area described in 20 CFR §404.1520a(c) and §416.920a(c).

The Commissioner will

further evaluate Plaintiff’s residual functional capacity; if necessary, obtain vocational expert
testimony in determining the effects of any significant non-exertional limitations; take any
further action as necessary to complete the administrative record; and issue a new determination
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and decision.
At the hearing on March 29, 2017, the Court learned that Plaintiff is currently represented
in a separate disability claim by either an attorney or a representative.

The Court has no

additional information on the status of those administrative proceedings.

As such, the Court

DIRECTS the Commissioner to provide a copy of this order to Plaintiff’s representative in the
second claim/proceedings.

Further, the Commissioner should evaluate whether the claims

should be consolidated for efficiency in further proceedings or remain separate.
A separate judgment shall be entered.
DONE this 11th day of April, 2017.
/s/ Terry F. Moorer
TERRY F. MOORER
UNITED STATES MAGISTRATE JUDGE

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