Henderson v. Berryhill

Filing 16

FINAL JUDGMENT in favor of Michael Antyon Henderson against Nancy Berryhill. The case is REMANDED FOR FURTHER PROCEEDINGS. CASE CLOSED. Signed by Magistrate Judge Jane M. Virden on 3/21/19. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
MICHAEL ANTYON HENDERSON
V.

PLAINTIFF
NO. 3:18CV00093-JMV

NANCY BERRYHILL
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 a claim for 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 March 21,
2019, the court finds the ALJ’s residual functional capacity (“RFC”) assessment with respect
to the claimant’s vision, back, and foot impairments is not supported by substantial evidence
in the record.
On remand the ALJ must order a physical consultative examination(s) of the claimant
and provide the physician(s) with all the medical evidence in the file related to his physical
impairments. The ALJ must obtain from the physician(s) a function-by-function assessment
of the claimant’s ability to perform physical work activity and a comprehensive assessment

of the claimant’s visual limitations.1 The ALJ must consider the new evidence along with
all the evidence in the record to make a new RFC determination. If necessary, the ALJ must
also obtain supplemental vocational expert evidence. Ultimately, the ALJ will render a new
decision on the issue of whether there is any work the claimant can perform, considering all
his limitations along with relevant vocational factors.
IT IS, THEREFORE, ORDERED AND ADJUDGED that this case is
REVERSED in part and REMANDED for further proceedings.
This, the 21st day of March, 2019.

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

1

The ALJ’s mental RFC determination is not disturbed by this decision.

2