Weakley v. Colvin

Filing 20

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the Commissioner's Motion to Reverse and Remand (Doc. 18) is GRANTED. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that decision of the Commissioner of Social Security is REVERSED and that this case is REMANDED under Sentence Four of 42 U.S.C. § 405(g) for reconsideration and further proceedings consistent with this opinion. Signed by Magistrate Judge Shirley Padmore Mensah on 7/17/17. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
GEORGE WEAKLEY,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security

Defendant.

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Case No. 1:16-CV-288-SPM

MEMORANDUM AND ORDER
This case is before the Court on Acting Commissioner Nancy A. Berryhill’s (“the
Commissioner’s”) Motion to Reverse and Remand the case to the Commissioner for further
administrative action pursuant to sentence four of section 205(g) of the Social Security Act, 42
U.S.C. § 405(g). (Doc. 18). Plaintiff has filed a response stating that he has no objection to the
motion. (Doc. 19). The parties have consented to the jurisdiction of the undersigned United States
Magistrate Judge pursuant to 28 U.S.C.§ 636(c)(1). (Doc. 7).
On December 14, 2016, Plaintiff filed a Complaint seeking review of the Commissioner’s
decision that Plaintiff was not under a disability within the meaning of the Social Security Act.
(Doc. 1). The Commissioner filed her answer and the transcript of the administrative proceedings
on February 27, 2017. (Docs. 11, 12). Plaintiff filed a brief in support of the complaint on March
29, 2017. (Doc. 13).
On June 29, 2017, the Commissioner filed the instant motion to reverse and remand the
case to the Commissioner for further action under sentence four of section 205(g) of the Social
Security Act, which permits the Court “to enter, upon the pleadings and transcript of the record, a
judgment affirming, modifying, or reversing the decision of the Commissioner, with or without

remanding the cause for a rehearing.” 42 U.S.C. § 405(g). The Commissioner states that upon
receipt of the Court’s remand order, the Appeals Council will remand the case to the ALJ to obtain
additional vocational expert evidence addressing whether jobs exist in the national economy for
an individual with the claimant’s age, education, work experience, and residual functional
capacity. The Commissioner also states that in questioning the vocational expert, the ALJ is to
follow agency policy, including the procedures outlined in Social Security Ruling 00-4p
concerning the consistency of the vocational expert’s testimony with the Dictionary of
Occupational Titles.
Upon review of Plaintiff’s brief in support of his complaint, the ALJ’s decision, and the
Commissioner’s motion, the Court agrees with the parties that this case should be reversed and
remanded pursuant to sentence four of 42 U.S.C. § 405(g).
Accordingly,
IT IS HEREBY ORDERED that the Commissioner’s Motion to Reverse and Remand
(Doc. 18) is GRANTED.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that decision of the
Commissioner of Social Security is REVERSED and that this case is REMANDED under
Sentence Four of 42 U.S.C. § 405(g) for reconsideration and further proceedings consistent with
this opinion.

SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE
Dated this 17th day of July, 2017.

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