Moore v. Social Security Administration

Filing 27

ORDER reversing the Commissioner's decision and remanding this case to the Commissioner for resolution of the conflict and reconsideration of whether work exists that Mr. Moore can do. Signed by Magistrate Judge Beth Deere on 12/9/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
RONNIE MOORE, JR.
V.

PLAINTIFF
CASE NO.: 3:12-CV-301-BD

CAROLYN W. COLVIN, Acting Commissioner,
Social Security Administration

DEFENDANT

ORDER
On Oct 17, 2014, the Eighth Circuit Court of Appeals reversed this court’s order
affirming the Commissioner’s decision, after determining that the Commissioner failed to
meet his step five burden. Specifically, the court of appeals determined that the
administrative law judge improperly relied on vocational expert testimony without
resolving an apparent conflict between the expert’s testimony and the Dictionary of
Occupational Titles. For this reason, this court reverses the Commissioner’s decision and
remands this case to the Commissioner for resolution of the conflict and reconsideration
of whether work exists that Mr. Moore can do.
IT IS SO ORDERED this 9th day of December, 2014.

___________________________________
UNITED STATES MAGISTRATE JUDGE