Murphy v. Social Security Administration Commissioner

Filing 11

FINAL JUDGMENT REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING THIS CASE TO THE COMMISSIONER FOR FURTHER CONSIDERATION PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g). Signed by Honorable Mark E. Ford on July 29, 2016. (hnc)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
SANDRA MURPHY
V.

PLAINTIFF
CIVIL ACTION NO. 2:15-CV-2086-MEF

CAROLYN W. COLVIN, Commissioner,
Social Security Administration

DEFENDANT

FINAL JUDGMENT
This cause is before the Court on the Plaintiff’s complaint for judicial review of an
unfavorable final decision of the Commissioner of the Social Security Administration denying his
claim for disability benefits. The parties have consented to entry of final judgment by the United
States Magistrate Judge under the provisions of 28 U.S.C. § 636(c). The Court, having reviewed
the administrative record, the briefs of the parties, the applicable law, and having heard oral
argument, finds as follows, to-wit:
Consistent with the Court’s ruling from the bench following the parties’ oral argument, the
decision of the Commissioner of Social Security is reversed and remanded for further proceedings
pursuant to sentence four of 42 U.S.C. § 405(g).
The Court finds that the ALJ’s RFC assessment is not supported by substantial evidence.
The ALJ relied on the assessments of two non-examining physicians, both outdated and completed
without the benefit of more recent treatment records from treating physicians, Drs. Patty Pettway,
Regina Thurman, and orthopedic specialist, Dr. Thomas Cheyne. Treatment notes from these
treating physicians indicate that the Plaintiff was limited with regard to lifting no more than 10
pounds, twisting and bending, and sitting and standing for extended periods. The ALJ, however,
concluded the Plaintiff could perform unskilled, light work. See Prosch v. Apfel, 201 F.3d 1010,
1012-13 (8th Cir. 2000) (holding opinion of a treating physician is accorded special deference and

will be granted controlling weight when well supported by medically acceptable diagnostic
techniques and not inconsistent with other substantial evidence in the record). Because light work
requires to ability to lift and carry 10 pounds frequently and 20 pounds occasionally, as well as
stand and walk in combination for at least 6 hours during an 8-hour workday, the Court finds
remand necessary for further consideration of the Plaintiff’s RFC.
On remand, the ALJ is directed to obtain an RFC assessment from Dr. Cheyne, specifically
requesting that he assess the Plaintiff’s ability to consistently perform work-related activities
during an eight-hour workday. Dr. Cheyne should also be asked to provide the objective basis of
his opinion. Should Dr. Cheyne be unwilling or otherwise unable to complete said RFC
assessment, the ALJ is directed to order a consultative orthopedic exam complete with an RFC
assessment. In so doing, the consultant should be provided with a complete set of the Plaintiff’s
medical records prior to the consultation.
The ALJ is further directed to recontact Dr. Regina Thurman and request the objective
bases for her 2012 medical source statement.
IT IS SO ORDERED AND ADJUDGED on this the 29th day of July, 2016.
/s/ Mark E. Ford
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE

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