Conway v. Social Security Administration Commissioner

Filing 13

MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on November 15, 2012. (cap)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION

PATRICK CONWAY
vs.

PLAINTIFF
Civil No. 4:12-cv-04065

MICHAEL J. ASTRUE,
Commissioner, Social Security Administration

DEFENDANT

MEMORANDUM OPINION
On November 2, 2012, Defendant filed a Motion to Remand. ECF No. 11.1 Plaintiff
responded to this Motion and has no objections. ECF No. 12. The parties have consented to the
jurisdiction of a magistrate judge to conduct any and all proceedings in this case, including
conducting the trial, ordering the entry of a final judgment, and conducting all post-judgment
proceedings. ECF No. 5. Pursuant to this authority, the Court issues this memorandum opinion and
orders the entry of a final judgment in this matter.
According to Defendant, the ALJ determined Plaintiff had the Residual Functional Capacity
(“RFC”) for unskilled work that requires no written work. (Tr. 13, Finding 4). Defendant states the
ALJ’s decision does not address the opinion of Dr. Brian Thomas Oge, a consulting physician, who
found Plaintiff should not work in any exertional job due to uncontrolled hypertension. (Tr. 265).
Additionally, according to Defendant, the ALJ found Plaintiff did not have a severe mental
impairment. (Tr. 11). Defendant argues the evidence submitted to the Appeals Council includes
mental health treatment records which predate Plaintiff’s application filing date as well as State

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The docket numbers for this case are referenced by the designation “ECF No.” The transcript pages for
this case are referenced by the designation “Tr.”

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agency psychological consultations in connection with a subsequent application. (Tr. 283-297),
Defendant requests a remand so the Commissioner may conduct further administrative
proceedings and further evaluate Plaintiff’s disability status. Specifically, Defendant requests the
case be remanded to an ALJ for further administrative proceedings to update the treatment records
concerning Plaintiff’s mental impairments; further evaluate Plaintiff’s mental impairments on the
updated record in accordance with 20 C.F.R. § 416.920a; further consider Plaintiff’s RFC on the
updated record and provide rationale with specific references to evidence of record in support of the
assessed limitations; and, as appropriate, secure supplemental evidence from a vocational expert to
clarify the effect of the assessed limitations on Plaintiff’s occupational base.
This Court finds this motion is well-taken and should be granted. The Commissioner’s
decision is reversed, and this matter is hereby remanded pursuant to sentence four of 42 U.S.C. §
405(g) for further proceedings. In addition, the undersigned finds the Plaintiff’s Complaint should
be and hereby is dismissed without prejudice. Plaintiff may still, however, file a motion for
attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412.
A judgment incorporating these findings will be entered pursuant to Federal Rules of Civil
Procedure 52 and 58.
ENTERED this 15th day of November 2012.

/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE

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