Brunelle v. Social Security Administration Commissioner

Filing 14

JUDGMENT REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING THIS CASE TO THE COMMISSIONER PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g) and adopting the Recommendation of the Magistrate Judge as set forth in the 12 Report and Recommendations. Signed by Honorable Robert T. Dawson on March 26, 2015. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
LINDA SUE BRUNELLE

PLAINTIFF

V.

CIVIL NO. 13-2259

CAROLYN M. COLVIN,
Acting Commissioner of
Social Security Administration

DEFENDANT

JUDGMENT
Now

on

this

26th

Day

of

March,

2015,

comes

on

for

consideration the Report and Recommendation dated December 22,
2014, by the Honorable Barry A. Bryant, United States Magistrate
Judge for the Western District of Arkansas.
before

the

Court

Recommendation.
After

a

is

Defendant’s

Objection

(Doc. 12).
to

Also

the

Report

and

being

well

and

(Doc. 13).
de

novo

review,

the

Court,

sufficiently advised, finds as follows:

The Magistrate finds

that the decision of the ALJ is not supported by substantial
evidence

and

Specifically,

recommends
the

that

Magistrate

it
finds

perform a proper Polaski analysis.
Magistrate

that

the

ALJ’s

be

Polaski

reversed
that

the

and
ALJ

failed

to

The Court agrees with the
analysis

was

adopts the Report and Recommendation on this matter.

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remanded.

lacking,

and

The

Court

also

finds

that

the

ALJ’s

determination

Plaintiff’s RFC is not supported by substantial evidence.

of
The

ALJ found that Plaintiff has the RFC “to perform a full range of
work at all exertional levels . . . .”

(Tr. 17).

Such an RFC

would necessarily include work in the “heavy” and “very heavy”
exertional categories.

Given Plaintiff’s age and the medical

evidence concerning her impairments, the record does not support
the conclusion that she is capable of performing work at all
exertional levels.
Therefore, the Court, being well and sufficiently advised,
finds that the Report and Recommendation (Doc. 12) is ADOPTED,
and

additionally

finds

that

the

ALJ’s

determination

Plaintiff’s RFC is not supported by substantial evidence.

of
The

ALJ’s decision is REVERSED AND REMANDED to the Commissioner for
further consideration pursuant to sentence four of 42 U.S.C. §
405(g).
IT IS SO ORDERED.

/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge

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