Gold v. Colvin

Filing 23

JUDGMENT in favor of Deborah Gold against Carolyn W. Colvin. The case is remanded for further proceedings. CASE CLOSED. Signed by Magistrate Judge Jane M. Virden on 4/10/15. (ncb)

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

DEBORAH GOLD as Next Friend
of Savannah Gold, a Minor

PLAINTIFF

V.

NO. 3:14CV00181-JMV

CAROLYN W. COLVIN,
Acting 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, to-wit:
Consistent with the court’s ruling from the bench during oral argument, the court finds
the ALJ erred by failing at Step 5 of the sequential evaluation process to obtain vocational expert
testimony to assist in the determination of the extent to which the exertional job base was eroded
in view of the claimant’s combination of non-exertional limitations. On remand, the ALJ shall
first obtain an updated physical residual functional capacity (“RFC”) assessment from an agency
physician and reevaluate the claimant’s RFC based upon all the evidence in the record. Then,
the ALJ shall obtain the opinion of a vocational expert regarding the existence of jobs in the
national economy the claimant could perform during the relevant period. In reconsidering the

disability issue, 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 10th day of April, 2015.

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

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