Driver v. Astrue
Filing 19
ORDER affirming in part and reversing in part the decision of the Commissioner. This matter is remanded to the Commissioner for further consideration of Plaintiff's claims consistent with this Order. On remand, at a minimum, the Commissioner sh all re-evaluate the opinions of Dr. Entrekin, evaluate Plaintiff's depression in compliance with the regulations and Moore v. Barnhart, supra, and if the Commissioner elects to consider the opinion of a non-treating, non-examining consultive phy sician, seek an updated evaluation. Plaintiff shall have 90 days after he receives notice of any amount of past due benefits awarded to seek attorney's fees. The Clerk is directed to enter judgment for the Plaintiff. Signed by Magistrate Judge Alan J. Baverman on 3/9/2009. (ank) Modified on 3/10/2009 in order to make Order an Opinion (ank).
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