Herring v. Social Security Administration Commissioner
Filing
22
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 18, 2018. (mjm)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
NOEL LEE HERRING
V.
PLAINTIFF
CIVIL ACTION NO. 2:17-cv-2102-MEF
NANCY A. BERRYHILL, Acting
Commissioner Social Security Administration
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. Given the Plaintiff’s MRI results, her physical examinations, and the fact that both of
her examining physicians opined she could not sit the requisite six hours as is required for
sedentary work, remand is necessary to allow the ALJ to reconsider the Plaintiff’s ability to
perform a full range of sedentary work.
Additionally, remand is necessary to allow the ALJ to reconsider the Plaintiff’s nonexertional limitations, taking into account the significant limitations in persistence noted by Dr.
Steve Shry and the moderate limitations in maintaining attention, completing a normal workday,
performing at a consistent pace, responding to changes in work setting, setting realistic goals, and
making plans independently of others as assessed by Dr. Kevin Santulli.
IT IS SO ORDERED AND ADJUDGED on this the 18th day of April, 2018.
/s/ Mark E. Ford
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?