Urias 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 PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g). Signed by Honorable Mark E. Ford on October 11, 2017. (mjm)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
THERESA L. URIAS

V.

PLAINTIFF

CIVIL ACTION NO. 2:16-cv-02264-MEF

NANCY A. BERRYHILL, Acting
Commissioner Social Security Administration 1

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 the parties having waived
oral argument, 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).
The Court does not find substantial evidence to support the ALJ’s RFC determination in
this case. Accordingly, on remand, the ALJ is directed to re-contact Plaintiff’s treating physician,
Dr. Edwards, to seek clarification regarding how Dr. Edwards determined that Plaintiff meets the

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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.

requirements of listing 11.14. Further development of the record is required so Dr. Edwards can
identify the objective evidence supporting his assessment.
Additionally, the ALJ is directed to re-contact the consultative examiner, Dr. Al-Khatib, to
request that he expound upon the RFC assessment he provided. Specifically, Dr. Al-Khatib should
be asked to define more precisely the nature of Plaintiff’s “moderate” limitations and how they
affect Plaintiff’s ability to stand, walk, carry and handle objects.
The ALJ should then reconsider Plaintiff’s RFC in light of the additional evidence.
IT IS SO ORDERED AND ADJUDGED on this the 11th day of October 2017.
/s/ Mark E. Ford
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE

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