Virgil v. Commissioner of Social Security et al

Filing 22

JUDGMENT in favor of Helen J. Virgil against Commissioner of Social Security. This case is REVERSED in part and REMANDED for further proceedings.CASE CLOSED. Signed by Magistrate Judge Jane M. Virden on 9/14/18. (ncb)

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

HELEN J. VIRGIL

PLAINTIFF
NO. 1:17CV00119-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
claims for a period of disability and disability insurance 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 court’s ruling from the bench during a hearing held September 11,
2018, the court finds the ALJ’s decision is not supported by substantial evidence in the record for
the period February 1, 20161, through October 19, 2016. Specifically, the ALJ failed to
properly consider the claimant’s low back impairment which was documented by a February 25,
2016, MRI report and later diagnoses (all within the relevant period) of moderate spinal stenosis

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Plaintiff testified before the ALJ that it was approximately February 3, 2016, when she “caught a cramp in the
back of . . . [her right] hip” and, thereafter, needed to use a cane to get around. Further, treatment records dated
February 14, 2016, indicate Plaintiff alleged her “right leg pain started two weeks ago.” Tr., Ex. 17F-6.

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at L4-L5, right foraminal stenosis at L5-S1, multilevel disc degenerative change, annular tear of
lumbar disc, etc. The ALJ dismissed this evidence without any determination of whether the
condition, in combination with the claimant’s other severe impairment, was expected to last for a
continuous period of at least twelve consecutive months. See 20 C.F.R. § 404.1505(a). Nor
did the Appeals Council properly consider the claimant’s low back impairment when it adopted
the ALJ’s decision for the period February 1, 2016, through October 19, 2016.
On remand, the ALJ will reconsider the evidence in the file for the period February 1,
2016, through October 19, 2016, and ensure that the record is fully developed with regard to the
claimant’s low back impairment for said period. To the extent necessary, the ALJ will obtain
supplemental vocational expert evidence and render a new decision for the period February 1,
2016, through October 19, 2016.
IT IS, THEREFORE, ORDERED AND ADJUDGED that this case is REVERSED
in part and REMANDED for further proceedings.
This, the 14th day of September, 2018.

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

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