ORDER vacating 8 Report and Recommendations and directs the Clerk to forward a copy of Burroughs' 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 11/20/17. (wwp)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
PERCY JAMES BURROUGHS,
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Proceeding pro se, Percy Burroughs seeks review of the final denial
of his social security disability claim. Doc. 1. The Court preliminarily
screened his complaint and twice ordered Burroughs 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 docs. 4 & 7. 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. 8. He has,
however, finally filed (a letter which this Court construes as) his Second
Amended Complaint. Doc. 9.
Plaintiff explains that the Commissioner erred by failing to review
all of the evidence before him, which would have demonstrated that
Burroughs is no longer capable of performing his past relevant work “on
the waterfront.” Doc. 9 at 1. That job (and all other jobs he has applied
for) will not make accommodations for his mental and physical
limitations (including chronic pain and sit/stand limitations) that would
enable him to continue working. Id. He contends, in other words, that
the ALJ erred by finding he retained the mental and physical residual
functional capacity to do his past relevant work. Id.
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. 8) and DIRECTS the
Clerk to forward a copy of Burroughs’ 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 20th day of November, 2017.
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