Golden v. Astrue

Filing 12

ORDER granting 11 Motion to Remand. Ordered by Judge Hugh Lawson on 4/5/2011. (nbp)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION

PATRICIA GOLDEN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.

: : : : : : : : : : : ORDER

Case No. 7:10-CV-138 (HL)

Pursuant to the power of this Court to enter a judgment affirming, modifying or reversing the Commissioner's decision with remand in Social Security actions under sentence four of 42 U.S.C. §405(g), and in light of the Commissioner's request to remand this action, this case is hereby remanded. On remand, an Administrative Law Judge (ALJ) will further evaluate the opinion of Plaintiff's treating source and explain the weight given to such evidence. The ALJ will also reevaluate the weight accorded to the opinions of the state agency medical consultants. In addition, the ALJ will give further consideration to Plaintiff's maximum residual functional capacity (RFC) and provide an appropriate rationale with specific references to the evidence of record in support of the assessed limitations. The ALJ will also give further consideration to Plaintiff's testimony and provide a credibility evaluation. If necessary, the ALJ will obtain evidence from a vocational expert (VE) to clarify the effect of the assessed limitations on Plaintiff's occupational base. The hypothetical questions posed to the VE will reflect Plaintiff's specific RFC and the limitations established by the record as a whole. The ALJ will conduct any

further proceedings deemed necessary on remand, including giving the claimant the opportunity for a hearing and considering the entire record, including any evidence submitted at that hearing. Therefore, this Court hereby reverses the Commissioner's decision under sentence four of 42 U.S.C. §405(g) with a remand of the cause to the Commissioner for further proceedings. See Shalala v. Schaefer, 509 U.S. 292, 296 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 98 (1991). The clerk of the court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. IT IS SO ORDERED this 5th day of April, 2011.

s/ Hugh Lawson HUGH LAWSON UNITED STATES DISTRICT JUDGE