Jordan v. Social Security Administration

Filing 12

ORDER adopting 11 Recommended Disposition. This case is remanded to the Commissioner because the administrative law judge's consideration of the orthopedic examiner's medical opinion reflects a mistake. This is a Sentence 4 remand. Signed by Judge J. Leon Holmes on 5/12/2015. (ks)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JEFFREY A. JORDAN
v.

PLAINTIFF
NO. 4:14CV00493 JLH-JTK

CAROLYN W. COLVIN, Acting Commissioner
of the Social Security Administration

DEFENDANT

ORDER
On April 23, 2015, United States Magistrate Judge Jerome T. Kearney issued proposed
findings and recommended disposition in which he recommended that the Court remand this action
to the Commissioner for the Social Security Administration. No objections have been filed. This
case is remanded to the Commissioner because the administrative law judge’s consideration of the
orthopedic examiner’s medical opinion reflects a mistake. The administrative law judge criticized
the orthopedic examiner for reporting unsupported environmental limitations, including complete
avoidance of chemicals, noise, humidity, dust/fumes, and temperature extremes, but in actuality the
orthopedic examiner reported no environmental limitations other than moderate exposure to heights,
moving machinery, and vibrations. The administrative law judge did not indicate what role the
environmental limitations played in weighing the opinion, so the Court cannot determine whether
substantial evidence supports the administrative law judge’s decision.
On remand, the administrative law judge must consider the orthopedic examiner’s opinion
and assign appropriate weight. Once the administrative law judge reconsiders the opinion, the
administrative law judge should reassess Jordan’s residual functional capacity and determine
whether work exists that Jordan can do. The administrative law judge may exercise discretion in
determining whether to obtain updated medical evidence and whether to order a second orthopedic
examination.

This is a Sentence 4 remand.
IT IS SO ORDERED this 12th day of May, 2015.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE