Yandell 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 December 15, 2017. (mjm)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
CYNTHIA YANDELL
PLAINTIFF
V.

CIVIL NO. 2:16-cv-02286-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 decision in this case.
Accordingly, on remand, the ALJ is directed to reevaluate the Plaintiff’s nonexertional limitations.
Specifically, the ALJ is to reevaluate Plaintiff’s ability to function due to pain and also to determine
any postural limitations the Plaintiff may have that could reduce the full range of work. He is

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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.

further ordered to reconsider the Plaintiff’s RFC, in light of the reevaluation of the nonexertional
limitations and the assessments submitted by Dr. Sequin and Dr. Honghiran.
IT IS SO ORDERED AND ADJUDGED on this the 15th day of December 2017.
/s/ Mark E. Ford
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE

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