Dreese v. Astrue

Filing 24

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

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
WESTERN DIVISION
RANDY J. DREESE,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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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.

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Honorable Judge P. Michael Mahoney