McCartney v. Social Security Administration Commissioner
Filing
19
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 July 22, 2019. (mjm)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
DUSTIN McCARTNEY
PLAINTIFF
V.
CIVIL NO. 2:18-cv-02102-MEF
ANDREW M. SAUL, 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 his
claims for disability benefits (“DIB”) and supplement income benefits (“SSI”). 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:
Substantial evidence does not support the ALJ’s decision in this case. 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 reconsider her step five analysis. The ALJ should take
care to determine whether any jobs identified by a vocational expert are consistent with the
Plaintiff’s physical and mental RFC limitations, the vocational information, and the DOT and/or
SCO, and any apparent conflicts must be explained.
IT IS SO ORDERED AND ADJUDGED on this 22nd day of July 2019.
/s/ Mark E. Ford
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE
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