Davis v. Commissioner of Social Security

Filing 23

JUDGMENT in favor of Marie B. Davis against Commissioner of Social Security. THE CASE IS REMANDED TO THE COMMISSIONER FOR FURTHER PROCEEDINGS. CASE CLOSED. Signed by David A. Sanders on 6/21/11. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
DELTA DIVISION
MARIE B. DAVIS
VS.

PLAINTIFF
CIVIL ACTION NO.: 2:10CV00115-DAS

MICHAEL J. ASTRUE,
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION

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 disability insurance benefits, a period of disability, 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 oral ruling following the parties’ oral argument, the ALJ
failed to fully and fairly develop the record with regard to the claimant’s carpel tunnel syndrome,
and as a result, his residual functional capacity finding is not supported by substantial evidence in
the record. Ultimately, the claimant was prejudiced by this failure. Accordingly, on remand the
ALJ shall order a consultative examination for the claimant with the goal of determining what, if
any, functional limitations are associated with the claimant’s carpel tunnel syndrome. The ALJ
may conduct any additional proceedings not inconsistent with this order. However, the court’s
ruling should in no way be construed as an advisory opinion in favor of a finding of disability.

IT IS, THEREFORE, ORDERED AND ADJUDGED that this case is REVERSED
and REMANDED for further proceedings.
This, the 21st day of June, 2011.

/s/ David A. Sanders
U. S. MAGISTRATE JUDGE

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