Horton v. Astrue

Filing 17

JUDGMENT in favor of Linda F. Horton against Michael J. Astrue. Case REMANDED FOR FURTHER PROCEEDINGS. CASE CLOSED. Signed by Jane M Virden on 3/20/13. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION

LINDA F. HORTON

PLAINTIFF

VS.

CAUSE NO. 1:12CV00175-JMV

MICHAEL J. ASTRUE
COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

FINAL JUDGMENT
Pursuant to a hearing held before the undersigned United States Magistrate Judge, the
court has determined that this case should be remanded to the Commissioner of Social Security
for additional proceedings.
The court finds that the Commissioner’s decision is not supported by substantial evidence
in the record. Specifically, the ALJ assigned the claimant an RFC which included the ability to
“frequently finger” despite the fact that the claimant’s treating physician, Dr. Neil Sloan, in a
2009 Medical Source Statement, indicated that the claimant could only rarely (during an eighthour workday) perform fine manipulations with her fingers, and no other examining or treating
physician expressed an opinion with regard to the extent of the claimant’s ability to finger during
an eight-hour workday. Additionally, though the Medical Source Statements of both Dr. Sloan
and Dr. Elizabeth Webb indicate the claimant required a sit/stand option, the ALJ failed to
explain her reason(s) for not including the same in the claimant’s RFC.
On remand, the ALJ is directed to reconsider the claimant’s RFC with regard to her
ability to “finger” or perform fine manipulations with the fingers. Specifically, the ALJ should

recontact Dr. Webb and request that she express an opinion with regard to the extent of the
claimant’s ability to finger or perform fine manipulations with the fingers during an eight-hour
workday. Additionally, the ALJ shall consider the claimant’s need for a sit/stand option.
Finally, the ALJ shall obtain supplemental vocational expert testimony on the issue of whether
there are other jobs the claimant can perform considering her RFC and all other relevant factors.
Ultimately, the ALJ shall consider all of the evidence in the record in order to determine whether
the claimant is disabled.
The parties, having consented to entry of final judgment by the United States Magistrate
Judge under the provisions of 28 U.S.C. § 636(c), with any appeal to the Court of Appeals for
the Fifth Circuit,
IT IS, THEREFORE, ORDERED AND ADJUDGED that this case is REVERSED
AND REMANDED to the Commissioner for further proceedings as set out above.
THIS 20th day of March, 2013.

/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE

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