Kincaid v. Colvin

Filing 21

JUDGMENT in favor of Mary Jane Kincaid against Carolyn W. Colvin. The case is remanded for further proceedings. CASE CLOSED. Signed by Magistrate Judge Jane M. Virden on 2/19/15. (ncb)

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

MARY JANE KINCAID

PLAINTIFF

V.

NO. 1:14CV00123-JMV

CAROLYN COLVIN,
ACTING COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

FINAL JUDGMENT
This cause is before the court on Plaintiff’s complaint for judicial review of an
unfavorable final decision of the Commissioner of the Social Security Administration denying
claims for a period of disability and Disability Insurance Benefits and 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 during oral argument, the court finds
the ALJ’s residual functional capacity (“RFC”) determination is not supported by substantial
evidence in the record. Specifically, the ALJ failed to consider evidence showing that in May
2012 Dr. John Adams evaluated the claimant for gait instability and prescribed a cane.
Additionally, Dr. Hani Bliebel’s December 2011 report fails to provide a clear and complete
residual functional capacity (“RFC”) assessment. On remand, the ALJ shall obtain a complete
RFC assessment from an examining physician and consider it along with all of the evidence in
the record. If necessary, the ALJ shall also obtain additional testimony from a vocational expert

in order to determine whether there is any work the claimant can perform in light of her RFC and
other important vocational factors. The ALJ may conduct any additional proceedings that are
not inconsistent with this order.
IT IS, THEREFORE, ORDERED AND ADJUDGED that this case is REVERSED
and REMANDED for further proceedings.
This, the 19th day of February, 2015.

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

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