Edmondson v. Commissioner of Social Security

Filing 37

OPINION AND ORDER: Court GRANTS 31 Unopposed Motion for Relief from Judgment filed by Dft Commissioner of Social Security and GRANTS 36 Unopposed Motion for Relief from a Judgment Pursuant to Federal Rule of Civil Procedure 60(b) filed by Dft C ommissioner of Social Security. The Court's 23 Opinion and Order and 24 Clerks Judgment are VACATED. The Court GRANTS 34 MOTION to Dismiss Without Prejudice Plaintiff's Petition for an Award of Attorneys Fees filed by Dft Commissioner of Social Security. The 33 MOTION for Attorney Fees pursuant to EAJA filed by Pla Amy L Edmondson is DISMISSED WITHOUT PREJUDICE. The decision of the ALJ denying Pla's application for benefits is REMANDED for further proceedings as detailed in this Order. Signed by Judge William C Lee on 5/24/2018. (lns)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
AMY L. EDMONDSON,
Plaintiff,
v.
NANCY A. BERRYHILL,
ACTING COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

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CIVIL NO. 1:16cv142

OPINION AND ORDER
This matter is before the court on the Commissioner’s “Unopposed Motion for Relief From
Judgment”, filed on February 9, 2018. Also before the court are Plaintiff’s motion for attorney
fees, filed on March 31, 2018, and motion to dismiss, without prejudice, motion for attorney fees,
filed on April 10, 2018. Finally, on April 24, 2018, the Commissioner filed a renewed “Motion for
Relief From Judgment”.
The background facts are as follows. On May 3, 2016, Plaintiff sought judicial
review of the Commissioner’s final decision pursuant to 42 U.S.C. § 405(g). On June 16, 2017,
following briefing by the parties, the Court entered judgment for the Commissioner. On August
15, 2017, Plaintiff filed a timely notice of appeal (7th Cir. No. 17-2689).
Upon further consideration, the Commissioner has determined that the June 16, 2017
judgment should be vacated and that this matter should be remanded to the Social Security
Administration for further administrative proceedings pursuant to sentence four of 42 U.S.C. §
405(g). On remand, the Commissioner will reevaluate the medical opinions in the record, including
the opinions of Dr. Booth, Dr. Rutten, and Dr. Gadiraju; reevaluate Plaintiff’s residual functional

capacity; if necessary, obtain additional vocational expert evidence; and issue a new decision.
Federal Rule of Civil Procedure 60(b)(6) allows the Court to relieve a party from a final
order for “any . . . reason justifying relief . . . .” Because the Commissioner now agrees that the
case should be reversed with remand for further administrative proceedings, and the Seventh
Circuit Court of Appeals has remanded the case for that purpose, the Commissioner submits that
Rule 60(b)(6) relief from the Court’s June 16, 2017, judgment is appropriate.
Accordingly, the motion for relief from judgment [DE 31, 36] is hereby GRANTED and
this Court’s June 16, 2017 Opinion and Order is hereby VACATED. Further, Plaintiff’s motion to
dismiss motion for attorney fees [DE 34] is hereby GRANTED, and Plaintiff’s motion for attorney
fees [DE 33] is hereby DISMISSED WITHOUT PREJUDICE.
The decision of the ALJ denying Plaintiff’s application for benefits is hereby REMANDED
for further proceedings as detailed in this Order.
SO ORDERED.

Entered: May 24, 2018.

s/ William C. Lee
William C. Lee, Judge
United States District Court

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