Jones v. Social Security Administration Commissioner

Filing 20

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 January 10, 2019. (lgd)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
CAROLYN K. JONES
V.

PLAINTIFF
CIVIL ACTION NO. 3:18-cv-3009-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. Because Dr. Kwan Park was not asked to complete an actual RFC assessment, on
remand, the ALJ is directed to obtain an RFC assessment from Dr. Park. Should Dr. Park be
unable to unwilling to complete an RFC assessment, then the ALJ is directed to order a new
consultative examination complete with a thorough RFC assessment.

On remand, the ALJ is also directed to obtain an RFC assessment from Plaintiff’s pain
specialist, Dr. Ronald Tilley, and her rheumatologist, Dr. Ronald Rubio.
Further, the ALJ is reminded that, in the context of fibromyalgia cases, the Eighth Circuit
has held that the ability to engage in activities such as cooking, cleaning, and hobbies, does not
constitute substantial evidence of the ability to engage in substantial gainful activity. Brosnahan
v. Barnhart, 336 F.3d 671, 677 (8th Cir. 2003); See Kelley v. Callahan, 133 F.3d 583, 588-89 (8th
Cir. 1998).
IT IS SO ORDERED AND ADJUDGED on this the 10th day of January 2019.
/s/ Mark E. Ford
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE

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