Torrez v. Commissioner of Social Security

Filing 24

JUDGMENT remanding the matter to the Commissioner pursuant to Sentence Four of 42 U.S.C. 405(g); signed by Magistrate Judge Hugh W. Brenneman, Jr (Magistrate Judge Hugh W. Brenneman, Jr., fhw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ERNESTO TORREZ, JR.,
Plaintiff,

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

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Civil Action No. 1:14-CV-00321
Hon. Hugh W. Brenneman, Jr.
U.S. Magistrate Judge

JUDGMENT
Pursuant to Federal Rule of Civil Procedure 58, judgment is hereby entered for Plaintiff,
reversing the Commissioner’s final decision and remanding this action to the Social Security
Administration for further administrative proceedings, pursuant to the fourth sentence of 42
U.S.C. § 405(g). Upon remand, the Appeals Council will instruct the Administrative Law Judge
to provide the claimant an opportunity to update the record; further evaluate whether the
claimant’s impairments meet or equal the severity of Listing 1.04; and, if warranted, give further
consideration to the claimant’s maximum residual functional capacity and provide rationale with
specific references to evidence of record in support of assessed limitations, and, at step five, obtain
supplemental evidence from a vocational expert.

DATED:

December 29

, 2014

/s/ Hugh W. Brenneman, Jr.
HON. HUGH W. BRENNEMAN, JR.
U. S. MAGISTRATE JUDGE