Massey v. Commissioner of Social Security

Filing 22

JUDGMENT in favor of James M. Massey against Commissioner of Social Security. The case is REVERSED IN PART AND REMANDED for further proceedings. CASE CLOSED. Signed by Magistrate Judge Jane M. Virden on 5/14/18. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
JAMES M. MASSEY

PLAINTIFF

V.

NO. 3:17CV135-JMV

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

FINAL JUDGMENT
This cause is before the court on Plaintiff’s complaint for judicial review of a partially
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:
Consistent with the court’s ruling from the bench during a hearing held May 8, 2018, the
court finds the ALJ’s finding that the claimant experienced medical improvement as of August 1,
2014, and the physical RFC determination for the period beginning August 1, 2014, are not
supported by substantial evidence in the record. Specifically, these findings are not supported
by evidence of medical improvement related to the claimant’s ability to work, e.g., the ALJ did
not point to evidence that supports a finding that the claimant no longer had any postural
limitations beginning August 1, 2014; nor did the ALJ point to evidence that supports a finding
that as of August 1, 2014, the claimant could stand for a total of six hours during a work day.
Indeed, the medical evidence for the period beginning August 1, 2014, is largely consistent with

the medical evidence for the period July 5, 2013, through July 31, 2014, the closed period of
disability.
On remand, the ALJ must require that the claimant undergo a consultative physical
examination and that the examining physician submit a medical source statement that includes a
physical residual functional capacity assessment (function-by-function). Prior to this
examination, the ALJ must ensure the examiner is provided with all of the claimant’s medical
records from the current file. If necessary, the ALJ must obtain supplemental vocational expert
evidence. The ALJ must consider the new evidence along with all the evidence in the record
and render a new decision for the period beginning August 1, 2014.
IT IS, THEREFORE, ORDERED AND ADJUDGED that this case is REVERSED
IN PART AND REMANDED for further proceedings.
This, the 14th day of May, 2018.

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

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