Smith v. Social Security Administration Commissioner

Filing 18

FINAL JUDGMENT REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING THIS CASE TO THE COMMISSIONER FOR FURTHER CONSIDERATION. Signed by Honorable Mark E. Ford on May 27, 2016. (rw)

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

PLAINTIFF
CIVIL ACTION NO. 2:15-CV-2095-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 her
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 matter must be remanded for further development of the record
regarding the limitations imposed by the Plaintiff’s carpal tunnel syndrome (“CTS”), neck pain,
and headaches. The only RFC assessments contained in the record relate to the Plaintiff’s DIB
claim, covering the period from January 1, 2006, through December 31, 2010. There are no
assessments in the record and no clear evidence of the Plaintiff’s ability to perform work-related
activities between May 2013 and December 2013, the period relevant to the Plaintiff’s SSI claim.
Accordingly, the Court finds the evidence insufficient to determine the Plaintiff’s disability status
during this period. See Johnson v. Astrue, 627 F.3d 316, 320 (8th Cir. 2010) (ALJ is required to

order medical examinations and tests if the medical records presented to him do not give sufficient
medical evidence to determine whether the claimant is disabled).
The Court also finds that remand is necessary to allow the ALJ to reconsider his credibility
determination. The objective medical evidence indicates that the Plaintiff suffers neck pain due to
several small disk protrusions in her cervical spine with impression on the left ventral thecal sac
and cord at the C5-6 and C6-7 levels, headaches resulting from her neck impairment for which Dr.
Bishop had documented only fair response to medication, and severe carpal tunnel syndrome for
which she underwent surgery in May 2013. In June 2013, the Plaintiff reported continued
numbness in her right upper extremity, though improved. Further, at the administrative hearing
that same month, the Plaintiff reported tightness, redness, swelling, and weakness in her right hand.
As this evidence provides support for the Plaintiff’s allegations of pain and limitation resulting
from these impairments, the ALJ is directed to reconsider this evidence on remand.
Lastly, the Court finds that remand is necessary to allow the ALJ to obtain a more recent
RFC assessment. As previously mentioned, there are no recent RFC assessments contained in the
record to reflect the Plaintiff’s ability to perform work-related tasks during the period relevant to
her SSI claim. Further, the medical records do not provide a sufficient basis for determining the
Plaintiff’s ability to perform work-related activities. Therefore, on remand, the ALJ is directed to
order a consultative examination complete with an RFC assessment addressing the limitations
arising from the Plaintiff’s neck impairment, headaches, and CTS.
IT IS SO ORDERED AND ADJUDGED on this the 27th day of May, 2016.
/s/ Mark E. Ford
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE

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