Smith v. Commissioner of Social Security
Filing
18
MEMORANDUM OPINION AND ORDER by Senior Judge John G. Heyburn, II on 9/3/14 - The Court adopts the Recommendation of the Magistrate Judge and that the decision of the Commissioner is AFFIRMED except that it failed to adequately explain the reasons fo r failing to give controlling weight and functional capacity assessment of Plaintiffs orthopedic surgeon. Therefore, this matter is REMANDED to the Commissioner to more properly evaluate and describe Dr. Wittens functional capacity assessment. cc: Counsel(TG)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3:13-CV-400-H
SAM G. SMITH
PLAINTIFF
V.
CAROLYN W. COLVIN,
ACTING COMMISSIONER OF SOCIAL SECURITY
DEFENDANT
MEMORANDUM OPINION AND ORDER
Plaintiff has filed this action pursuant to 42 U.S.C.
405(g) seeking judicial review of an
administrative decision of the Commissioner of Social Security denying his application for
disability insurance benefits. Plaintiff asserts that the Administrative Law Judge (“ALJ”) erred
by concluding that he retained residual functional capacity to perform light work with certain
limitations.
The matter was referred to the Magistrate Judge who has issued Findings of Fact,
Conclusions of Law and a Recommendation that the district court should deny Plaintiff’s request
to remand this matter for consideration of additional evidence, but should grant his request that
the matter be remanded because the ALJ did not comply with the applicable regulations when
she evaluated the opinion of his treating orthopedist, Dr. Carroll Witten. The Commissioner has
objected to the Magistrate Judge’s recommendations to remand.
The Court has reviewed the Findings of Fact and Recommendations, as well as the
objectives to it. Although there may be room for some disagreement here, the Court agrees with
the Magistrate Judge that remand is necessary because the ALJ’s analysis of Plaintiff’s
functional capacity does not provide adequate specific reasons for her decision to afford it less
than controlling weight.
Being otherwise sufficiently advised,
IT IS HEREBY ORDERED that the Court adopts the Recommendation of the Magistrate
Judge and that the decision of the Commissioner is AFFIRMED except that it failed to
adequately explain the reasons for failing to give controlling weight and functional capacity
assessment of Plaintiff’s orthopedic surgeon. Therefore, this matter is REMANDED to the
Commissioner to more properly evaluate and describe Dr. Witten’s functional capacity
assessment.
This is a final order.
September 3, 2014
cc:
Counsel of Record
Magistrate Judge James D. Moyer
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