Linton v. Social Security Administration Commissioner

Filing 19

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 March 28, 2017. (lw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
REBECCA D. LINTON

V.

PLAINTIFF

CIVIL ACTION NO. 2:16-cv-2078-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 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 oral argument having
been waived, finds as follows, to-wit:
Consistent with the Court’s ruling from the bench, 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 obtain an RFC assessment from Plaintiff’s treating
cardiologist to assess the effects of Plaintiff’s shortness of breath, fluid retention, cardiomyopathy,
and atrial fibrillation on her ability to complete an eight-hour workday. If the ALJ is unable to

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). 

obtain an assessment from Plaintiff’s cardiologist, he is directed to order a consultative cardiac
examination, complete with an RFC assessment.
IT IS SO ORDERED AND ADJUDGED on this the 28th day of March, 2017.
/s/ Mark E. Ford
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE

2