Rogers v. Social Security Administration

Filing 18

JUDGMENT reversing and remanding the decision of the Commissioner with instructions. The ALJ shall develop the record by obtaining additional IQ testing and evidence of onset before age 22. If the ALJ finds the IQ scores unreliable, then the ALJ sha ll explain in detail why the scores are inconsistent with the record. The ALJ shall then consider the evidence as a whole and determine Rogers's ability to work. This is a "sentence four" remand within the meaning of 42 U.S.C. § 405(g). Signed by Judge D. P. Marshall Jr. on 9/30/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
PLAINTIFF

TOMMIE ROGERS

v.

No. 5:13-cv-303-DPM

SOCIAL SECURITY ADMINISTRATION,
Commissioner

DEFENDANT

JUDGMENT
The Commissioner's decision is reversed and the case is remanded with
instructions. The ALJ shall develop the record by obtaining additional IQ
testing (including a malingering detection instrument) and evidence of onset
before age 22 (including primary and secondary school records, if available).
If the ALJ finds the IQ scores unreliable, then the ALJ shall explain in detail

why the scores are inconsistent with the record. The ALJ shall then consider
the evidence as a whole and determine Rogers's ability to work. This is a
"sentence four" remand within the meaning of 42 U.S.C. § 405(g).