Maynor v. Commissioner of Social Security
JUDGMENT in favor of Debra B. Maynor against Commissioner of Social Security. THE CASE IS REMANDED FOR FURTHER PROCEEDINGS. CASE CLOSED. Signed by Magistrate Judge Jane M. Virden on 5/28/15. (ncb)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
DEBRA B. MAYNOR
COMMISSIONER OF SOCIAL SECURITY
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 during oral argument, the court finds
the ALJ’s determination that the claimant’s mental impairment was not severe is not supported
by substantial evidence in the record. Specifically, the court could find no support in the ALJ’s
decision or the record for his determination that the claimant experienced only a mild limitation
in concentration, persistence, and pace due to depression. Additionally, Dr. Anne Brooks
diagnosed the claimant with “psychogenic myalgia” in March 2013. This impairment was not
addressed by the ALJ. Accordingly, on remand the ALJ shall order a comprehensive
consultative mental status examination of the claimant and consider the findings and opinions
generated therefrom along with the other evidence of record in reaching a new determination of
what effects the claimant’s physical and mental impairment(s) have on her ability to work. If the
ALJ reaches the fifth step in the sequential evaluation process, the ALJ shall obtain the opinion
of a vocational expert regarding the existence of job’s in the national economy that the claimant
can perform despite all limitations associated with both physical and mental impairments. The
ALJ may conduct any additional proceedings that are not inconsistent with this order.
IT IS, THEREFORE, ORDERED AND ADJUDGED that this case is REMANDED
for further proceedings.
This, the 28th day of May, 2015.
/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE
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