McDonald v. Astrue
JUDGMENT in favor of James McDonald against Michael J. Astrue. The case is REMANDED TO THE COMMISSIONER for further proceedings. CASE CLOSED. Signed by Jane M Virden on 8/7/12. (ncb)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
CAUSE NO. 2:11cv202-JMV
MICHAEL J. ASTRUE
COMMISSIONER OF SOCIAL SECURITY
Pursuant to a hearing held before the undersigned United States Magistrate Judge, the
court has determined that this case should be remanded to the Commissioner of Social Security
for additional proceedings. The court finds that the ALJ’s determination that the claimant could
stand and walk for six hours in an eight-hour workday is not supported by substantial evidence in
the record. Specifically, the only medical opinion that supports such a finding is the 2009
Physical Residual Functional Capacity Assessment of the State Agency Physician, which was
given without the benefit of postoperative medical records of the claimant’s treating physicians.
Moreover, the ALJ did not have the benefit of evidence of the claimant’s 2011 cane prescription,
which was submitted at the Appeals Council level. Therefore, this case shall be remanded to the
Commissioner with instructions to refer the matter to the ALJ for consideration of the entire
record and for conducting any further necessary proceeding not inconsistent with this order.
The parties, having 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,
IT IS, THEREFORE, ORDERED AND ADJUDGED that this case is REVERSED
AND REMANDED to the Commissioner for further proceedings as set out above.
THIS 7th day of August, 2012.
/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE
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