Depriest v. Commissioner of Social Security

Filing 33

ORDER re 32 Response to Motion filed by Gerald P Depriest. The Court directs the parties to confer and make a good faith attempt to stipulate as to what the ALJ should determine on remand within the next 20 days. The Clerk of Court is directed to reopen the case and reinstate the Commissioners Motion to Remand (Doc. 29). Signed by Magistrate Judge Clifford J. Proud on 7/20/2016. (klm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
GERALD DEPRIEST,

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Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social
Security,
Defendant.

Civil No. 15-cv-1056-CJP 1

MEMORANDUM and ORDER
PROUD, Magistrate Judge:
The matter before the Court is plaintiff’s response to the Commissioner’s
motion to remand (Doc. 32).
Plaintiff requests that the Court remand this matter based on the legal
matters set forth in his opening brief. These issues are whether the ALJ erred
in forming her limitations regarding concentration, persistence, or pace; in
assessing the opinion of the state agency reviewing physician; in determining
plaintiff’s capacity for detailed work; in assessing the available jobs in the
region; in weighing the opinions of the treating physician; in considering the
treating specialist’s evidence; and in assessing plaintiff’s claims of fatigue and
his need to nap. Plaintiff suggests that if the Court does not remand on these
issues that it should require the Commissioner to respond to plaintiff’s brief.

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This case was referred to the undersigned for final disposition upon consent of the parties,
pursuant to 28 U.S.C. §636(c). See, Doc. 14.

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In the interest of efficiency and the fairness to both parties, the Court
directs the parties to confer and make a good faith attempt to stipulate as to
what the ALJ should do differently on remand within the next twenty days.
The Clerk of Court is directed to reopen the case and reinstate the
Commissioner’s Motion to Remand (Doc. 29).
IT IS SO ORDERED.
DATED: July 20, 2016.
s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

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