Dreese v. Astrue

Filing 24

MOTION by Defendant Michael J. Astrue for judgment With Remand (Joint) (Attachments: # 1 Text of Proposed Order)(Mallory, Monica)

Download PDF
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION RANDY J. DREESE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) No. 11 CV 50301 Magistrate Judge Mahoney ORDER Pursuant to sentence four of Section 405(g) of the Social Security Act, and in light of the Parties’ Joint Motion for Entry of Judgment with Remand, this court hereby enters a judgment reversing the Commissioner’s decision with a remand of the case to the Commissioner in accordance with the terms set forth below. 42 U.S.C. § 405(g). On remand, Plaintiff will be provided with the opportunity for a hearing and to submit additional evidence and arguments. The administrative law judge will: (1) update the medical record concerning Plaintiff’s condition; (2) further evaluate the credibility of Plaintiff’s subjective complaints, including those concerning his alleged need for a cane; (3) further evaluate the treating, consulting, and reviewing medical source opinions, including those of Drs. Ahmed, Oberlander, and Wang, and explain his rationale for the weight assigned to their respective opinions; (4) further assess Plaintiff’s residual functional capacity on the updated record; (5) if appropriate, obtain supplemental information from a vocational expert concerning the effect of any assessed functional limitations on Plaintiff’s occupational base; (6) associate and consider together Plaintiff’s subsequent application, dated September 14, 2011, for concurrent Social Security benefits, currently pending at the hearing level; and (7) issue a new decision. The Clerk of the Court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. SO ORDERED THIS ___ day of June, 2012. __________________________________________ Honorable Judge P. Michael Mahoney

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?