Parker v. Berryhill

Filing 17

JUDGMENT in favor of Lillie Parker against Nancy Berryhill. CASE CLOSED. Signed by Magistrate Judge Roy Percy on 10/24/18. (bnd)

THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
LILLIE PARKER

PLAINTIFF

v.

CIVIL CASE NO. 3:18-CV-46-RP

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

JUDGMENT
This cause is before the Court on the Plaintiff’s complaint pursuant to 42 U.S.C. § 405(g)
for judicial review of an unfavorable final decision of the Commissioner of the Social Security
Administration regarding an application for disability insurance benefits and a period of
disability. 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 record, the administrative
transcript, the briefs of the parties, and the applicable law and having heard oral argument, finds
as follows, to-wit:
For the reasons announced by the Court on the record at the conclusion of the parties’
oral argument during a hearing held in this matter today, the Court finds the Commissioner’s
decision is not supported by substantial evidence. This case is remanded to the Social Security
Administration to reassess plaintiff’s RFC and, in so doing, to receive and consider the May 3,
2017 Physician Source Statement of Dr. Dennis D. McCoy; and then to make Step 4 and Step 5
determinations. In the absence of a completely favorable decision, the ALJ is instructed to
consider whether plaintiff is entitled to a closed period of disability.

This, the 24th day of October, 2018.
/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE