Hamilton v. Berryhill

Filing 7

ORDER VACATING 4 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Wayne D. Hamilton and DIRECTING the Clerk to forward a copy of Hamilton's complaint to the Marshal for service upon defendant and to serve both parties with the General Order in Social Security Appeals. Signed by Magistrate Judge G. R. Smith on 8/24/17. (Attachments: # 1 General Order) (jlm) (Additional attachment(s) added on 8/24/2017: # 2 285 forms) (jlm).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
WAYNE D. HAMILTON,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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CV417-123

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ORDER
Proceeding pro se, Wayne Hamilton seeks review of the final denial
of his social security disability claim. Doc. 1. The Court preliminarily
screened his complaint and ordered Hamilton to amend his Complaint to
provide the Court with more information about his diagnoses, how they
affect his ability to work, or why the ALJ concluded he was not disabled.
See doc. 3. He failed to do so, and the Court recommended his Complaint
be dismissed without prejudice for his failure to obey a court order or to
prosecute his case. Doc. 4. He has, however, finally filed his Amended
Complaint. Doc. 5; see also doc. 6 (objections to the recommendation for
dismissal). Plaintiff explains that his injuries sustained in a car accident

in 2009 prevent him from “prolonged standing or sitting” and make
“laying down [ ] difficult,” such that he must constantly “adjust and
reposition” himself throughout the day. Doc. 5 at 6. His medication
makes him sleepy, id., he has difficulty concentrating due to his pain,
and his social skills have deteriorated to the point where he cannot work,
doc. 6 at 3 & 5. He contends, in other words, that the ALJ erred by
finding he retained the mental and physical residual functional capacity
to perform full time work. See docs. 5 & 6.
This is sufficiently specific to allow the Court, and thus the
Commissioner, to move forward. The Court therefore VACATES its
Report and Recommendation for dismissal (doc. 4) and DIRECTS the
Clerk to forward a copy of Hamilton’s complaint to the Marshal for
service upon defendant and to serve both parties with the General Order
in Social Security Appeals, which sets forth the process going forward.
SO ORDERED, this 24th

day of August, 2017.

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