Reimers v. Commissioner of Social Security

Filing 39

OPINION AND ORDER GRANTING 38 Agreed Motion for Relief from Judgment Pursuant to Federal Rule of Civil Procedure 60(b) filed by Commissioner of Social Security. The Court's 10/25/2017 Opinion and Order is VACATED. The decision of the ALJ denying Pla's application for benefits is hereby REMANDED for further proceedings as detailed in this Order. Signed by Judge William C Lee on 6/8/2018. (lns)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
DENISE KAY REIMERS,
Plaintiff,
v.
NANCY A. BERRYHILL,
ACTING COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

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CIVIL NO. 1:16cv385

OPINION AND ORDER
This matter is before the court on the Commissioner’s “Agreed Motion for Relief From
Judgment”, filed on June 6, 2018.
The background facts are as follows. On October 25, 2017, following briefing by the
parties, the Court entered final judgment in favor of the Commissioner (DE 28). On December 24,
2017, Plaintiff filed a timely notice of appeal (DE 29; 7th Cir. No. 17-3654). On May 3, 2018, this
Court indicated that it would grant relief from its judgment should the Court of Appeals remand
for that purpose (DE 35). On May 4, 2018, the Court of Appeals remanded this case to this Court
for further proceedings upon consideration of the parties’ joint motion to remand and “[i]n light of
the district court’s indication of its willingness to vacate its judgment” (7th Cir. No. 17-3654).
Federal Rule of Civil Procedure 60(b)(6) allows the Court to relieve a party from a final
judgment for “any . . . reason that justifies relief.” Relief from the Court’s judgment is now
justified because both parties agree that this matter should be remanded to the Social Security
Administration for further administrative proceedings. On remand, Plaintiff’s claim will be sent to
an administrative law judge (ALJ), who will offer Plaintiff the opportunity for a hearing, take any

further action needed to complete the administrative record and issue a new decision. The ALJ will
reevaluate the medical and non-medical source opinions of record; reevaluate the claimant’s
subjective complaints; and reassess the claimant’s mental and physical residual functional capacity
and provide rationale for the assessed limitations. As necessary, the ALJ will obtain supplementary
evidence from a vocational expert to clarify the effect of the assessed limitations on the claimant’s
occupational base, ensuring that such testimony is consistent with the Dictionary of Occupational
Titles (Social Security Ruling 00-4p).
Accordingly, the motion for relief from judgment [DE 38] is hereby GRANTED and this
Court’s October 25, 2017 Opinion and Order is hereby VACATED.
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: June 8, 2018.

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

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