Cain v. Colvin

Filing 21

FINAL JUDGMENT in favor of Melvin Cain against Carolyn W. Colvin. The case is reversed and remanded to SSA for further proceedings. CASE CLOSED. Signed by Magistrate Judge Jane M. Virden on 9/29/14. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
MELVIN CAIN

PLAINTIFF

V.

NO. 3:14CV00079-JMV

CAROLYN W. COLVIN
Acting Commissioner of SSA

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 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 ruling from the bench following the parties’ oral argument,
the court finds the ALJ’s residual functional capacity (“RFC”) determination is not supported by
substantial evidence in the record. A 2012 medical source statement provided by Dr. Jim Adams
included limitations that rendered the claimant unemployable in the opinion of the vocational
expert, Dr. Moore. The ALJ failed to consider both Dr. Adams’s report of examination and
medical source statement, for reasons which are not justifiable in the opinion of this court, and,
instead, relied largely upon the 2008 RFC assessment of a state agency physician who did not
examine the claimant and who did not review Dr. Adams’s submissions.

On remand, the ALJ shall reconsider the claimant’s RFC and make a determination based
upon all the relevant evidence in the record. The ALJ may conduct any additional proceedings
that are not inconsistent with this order.
IT IS, THEREFORE, ORDERED AND ADJUDGED that this case is REVERSED
and REMANDED for further proceedings.
This, the 29th day of September, 2014.

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

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