Blanch v. Berryhill

Filing 18

JUDGMENT in favor of Aaron Earl Blanch against Nancy Berryhill. The case is REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. CASE CLOSED. Signed by Magistrate Judge Jane M. Virden on 7/30/18. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
AARON EARL BLANCH

PLAINTIFF
NO. 4:17CV00149-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 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:
Consistent with the court’s ruling from the bench during a hearing held July 26, 2018, the
court finds the ALJ’s residual functional capacity (“RFC”) assessment is not supported by
substantial evidence in the record. Specifically, the ALJ rejected certain medical source
opinions of the claimant’s treating physician, Dr. Bruce Newell, in favor of the opinions of state
agency medical non-examiners who did not have the benefit of nearly two years’ worth of
medical evidence. Indeed, Dr. Newell’s treatment records consistently indicate the claimant
needed a cane to ambulate and experienced painful motion of the left hip. These findings would
appear to support Dr. Newell’s medical source limitations on standing, stooping, bending, and

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squatting. Ultimately, there is no credible medical opinion in the record that contradicts Dr.
Newell’s opinions.
On remand, the ALJ must reconsider the claimant’s physical RFC. The ALJ must either
recontact Dr. Newell and obtain a new medical source statement along with any needed
explanation of Dr. Newell’s prior medical source statements or order a physical consultative
examination and provide the consultative examiner with copies of all the relevant medical
evidence in the file. In either case, the ALJ must request a function-by-function assessment of
physical RFC from the physician. To the extent the ALJ needs clarification of or further
explanation for any medical opinion, the ALJ must request it from the appropriate physician prior
to rendering a new decision. Ultimately, the ALJ must make a new RFC determination that is
supported by substantial evidence in the record. Further, the ALJ must provide an explanation,
supported by substantial evidence in the record, for rejecting any medical source opinion. And,
to the extent necessary, the ALJ must obtain supplemental vocational expert evidence on the
issue of whether there is any work the claimant can perform, considering all his limitations.
IT IS, THEREFORE, ORDERED AND ADJUDGED that this case is REVERSED
and REMANDED for further proceedings.
This, the 30th day of July, 2018.

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

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