Spears v. Social Security Administration Commissioner

Filing 13

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 April 25, 2017. (mjm)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
ROGER SPEARS

V.

PLAINTIFF

CIVIL ACTION NO. 2:16-cv-2007-MEF

NANCY A. BERRYHILL, Acting
Commissioner Social Security Administration1

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).
On remand, the ALJ is directed to forward copies of all of the Plaintiff’s medical records
to a medical expert and have the expert review the records, and testify at a supplemental hearing,
as to the Plaintiff’s actual RFC abilities during the relevant time period. Special attention should
be paid to the Plaintiff’s ability to perform light work requiring occasional climbing, balancing,

1

 Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal
Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner Carolyn W. Colvin as
the defendant in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of
section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 

stooping, kneeling, crouching, and crawling and involving no concentrated exposure to dust,
fumes, gases, poor ventilation, and similar environments.
IT IS SO ORDERED AND ADJUDGED on this the 25th day of April, 2017.
/s/ Mark E. Ford
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE

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