Depriest v. Commissioner of Social Security

Filing 14

JUDGMENT in favor of Johnny Depriest against Commissioner of Social Security. CASE CLOSED. Signed by Magistrate Judge Roy Percy on 10/5/17. (bnd)

THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
JOHNNY DEPRIEST

PLAINTIFF

v.

CIVIL CASE NO. 1:17-CV-23-RP

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

FINAL JUDGMENT
This cause is before the Court on the Plaintiff’s complaint pursuant to 42 U.S.C. § 405(g)
for judicial review of an unfavorable final decision of the Commissioner of the Social Security
Administration regarding an application for a period of disability and disability insurance
benefits, as well as 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 record,
the administrative transcript, the briefs of the parties, and the applicable law and having heard
oral argument, finds as follows, to-wit:
For the reasons announced by the Court on the record at the conclusion of the parties’
oral argument during a hearing held in this matter on October 4th, 2017, the Court finds there is
reversible error. The hypothetical question posed by the administrative law judge to the
vocational expert was self-contradictory and confusing and differed in material respects with the
plaintiff’s residual functional capacity found by the ALJ in his decision. The hypothetical was
therefore defective and the Commissioner’s decision is not supported by substantial evidence in
the record. Therefore, the decision of the Commissioner is hereby REVERSED AND
REMANDED. On remand, the ALJ is instructed to reevaluate plaintiff’s residual functional
capacity and incorporate it into a hypothetical question for a vocational expert in the Step 4

determination.
SO ORDERED AND ADJUDGED this, the 5th day of October, 2017.
/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE

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