Watson v. Commissioner of Social Security

Filing 30

JUDGMENT in favor of Crystal Watson against Commissioner of Social Security. THE CASE IS REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. CASE CLOSED. Signed by Magistrate Judge Jane M. Virden on 9/28/18. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
CRYSTAL WATSON as Next Friend
of N.L.K.
V.

PLAINTIFF
NO. 1:17cv00099-JMV

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 a
claim for supplemental security income benefits. 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:
Consistent with the Memorandum Opinion issued this day, the court finds the ALJ’s
decision is not supported by substantial evidence in the record. On remand, the ALJ shall

fully and properly consider and weigh the opinion of Dr. Austin. To the extent the ALJ
finds Dr. Austin’s opinions require further explanation or clarification, the ALJ must
recontact Dr. Austin. Additionally, the ALJ will fully consider and discuss the statistical
relevance of the scores included in Dr. Austin’s report. Further, the ALJ must enlist the
assistance of a medical advisor(s) who shall review all of the medical evidence, school
records, and standardized test scores in the file and provide an opinion on the issue of
whether the claimant met, medically equaled, or functionally equaled a listed impairment.

The ALJ may conduct any additional proceedings not inconsistent with this order and must
ultimately issue a new decision.
IT IS, THEREFORE, ORDERED AND ADJUDGED that this case is REVERSED
AND REMANDED for further proceedings.
This, the 28th day of September, 2018.

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

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