Dixon v. Astrue

Filing 18

JUDGMENT in favor of Tammi T. Dixon against Michael J. Astrue. CASE REMANDED FOR FURTHER PROCEEDINGS. CASE CLOSED. Signed by Jane M Virden on 6/7/13. (ncb)

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

TAMMI T. DIXON

PLAINTIFF

V.

NO. 1:12CV205-JMV

MICHAEL J. ASTRUE,
COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

FINAL JUDGMENT
This cause is before the court on the Plaintiff’s complaint for judicial review of an
unfavorable final decision of the Commissioner of the Social Security Administration denying
her claim for Supplemental Security Income. The parties have 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. The court, having reviewed the
administrative record, the briefs of the parties, and the applicable law and having heard oral
argument, finds as follows, to-wit:
Consistent with the court’s ruling from the bench following the parties’ oral argument,
the court finds that the Commissioner’s decision is not supported by substantial evidence in the
record. Specifically, the ALJ’s determination at step four of the sequential evaluation process
that Plaintiff’s work as a “cashier II” constituted past relevant work was error because said work
did not meet the definition of substantial gainful activity under the regulations, Plaintiff’s
earnings having failed to meet the relevant minimum amounts. Thus, the ALJ’s determination
that the claimant was not disabled because she could perform this past work was not sufficiently
supported. On remand the ALJ shall determine whether there is any work the claimant can

perform in light of her residual functional capacity and other relevant factors. The ALJ shall
obtain additional vocational expert evidence and conduct any additional proceedings not
inconsistent with this order.
IT IS, THEREFORE, ORDERED AND ADJUDGED that this case is REVERSED
and REMANDED for further proceedings.
This, the 7th day of June, 2013.

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

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