McClelland v. Social Security Administration Commissioner
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 March 30, 2017. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
BRYAN K. MCCLELLAND
CIVIL ACTION NO. 2:16-cv-2083-MEF
NANCY A. BERRYHILL, Acting
Commissioner Social Security Administration1
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 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).
All of the RFC assessments of record predate Plaintiff’s amended onset date and the
February 2014 MRI of his lumbar spine. Thus, on remand, the ALJ is directed to order a
consultative orthopedic exam, complete with an RFC assessment. In so doing, the ALJ should
forward the consultant copies of Plaintiff’s MRI report, x-rays, and all treatment notes regarding
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).
his back pain. Further, the ALJ should order a gastrointestinal consultative exam to determine
whether Plaintiff does in fact suffer from liver disease, and the affect, if any, it has on his ability
to perform work-related activities.
IT IS SO ORDERED AND ADJUDGED on this the 31st day of March, 2017.
/s/ Mark E. Ford
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE
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