Wiley v. Social Security Administration Commissioner
Filing
15
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 August 26, 2016. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
MELVIN WILEY
V.
PLAINTIFF
CIVIL ACTION NO. 2:15-CV-2185-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 regarding his application
for Disability Insurance Benefits and Supplemental Security Income. 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 to allow the Administrative Law Judge
(ALJ) to obtain Residual Functional Capacity (RFC) assessments from both Dr. Oberlander and
Dr. Davis. The ALJ should then reconsider Plaintiff’s RFC specifically with regard to his ability
to stand/walk for 6 hours in an 8 hour workday and any manipulative restrictions that may exist.
The ALJ should then formulate appropriate hypotheticals to the VE to see if Plaintiff could
return to his PRW and, if not, whether Plaintiff is capable of making a successful adjustment to
other work that exists in significant numbers in the national economy. 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).
IT IS SO ORDERED AND ADJUDGED on this the 26th day of August, 2016.
/s/ Mark
E. Ford
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE
2
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