Flower v. Barnhart

Filing 25

Order on Motion for Miscellaneous Relief, Order on Motion to Remand to Agency

UNITED STATES DISTRICT COURT
DISTRICT OF ALASKA

LILA M. FLOWER,
Plaintiff,
vs.
JO ANNE B. BARNHART,
Commissioner of Social Security,
Defendant.

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3:06-CV-0065-JWS
ORDER FOR REMAND

Based on the stipulation of the parties, the motion at docket 14 is DENIED as
moot, and the motion at docket 23 is GRANTED as follows:
IT IS ORDERED that the Commissioner's decision in regard to Plaintiff's
applications for disability insurance benefits under Title II and Supplemental Security
Income disability benefits under Title XVI of the Social Security Act be REVERSED and
REMANDED to the Commissioner of Social Security for further administrative
proceedings pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the
administrative law judge (ALJ) should hold a de novo hearing, reevaluate the nature and
severity of Plaintiff's headaches and mental impairments and document his findings
regarding the mental impairments pursuant to 20 C.F.R. § 404.1520 and § 416.920a.
The ALJ will consult with a medical expert if necessary. In addition, the ALJ will evaluate
the opinions from Matthew Wise, M.D., as well as the opinions from the State agency
physicians. The ALJ will also reevaluate Plaintiff's testimony and evaluate the statement
from David Flower. The ALJ will reevaluate

Plaintiff's residual functional capacity and provide sufficient rationale for the finding. The
ALJ will compare Plaintiff's residual functional capacity with the requirements of
Plaintiff's past relevant work and if necessary, obtain supplemental vocational expert
testimony to clarify the effect of any assessed limitations on Plaintiff's occupational
base. Plaintiff may submit additional evidence to the ALJ.
DATED this 27th day of September 2006.

/s/ JOHN W. SEDWICK
UNITED STATES DISTRICT JUDGE