Goggin v. Colvin

Filing 21

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that defendant's Motion to Reverse and Remand 19 is GRANTED. IT IS FURTHER ORDERED that the decision of the Commissioner is REVERSED, and this matter is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further consideration of plaintiff's claims. A separate Judgment is entered herewith. Signed by District Judge Catherine D. Perry on 6/6/2016. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SHIRLEY GOGGIN,

)
)
Plaintiff,
)
)
v.
)
)
CAROLYN W. COLVIN,
)
Acting Commissioner of Social Security, )
)
Defendant.
)

No. 4:15CV1887 CDP

MEMORANDUM AND ORDER
This matter is on appeal from an adverse ruling of the Social Security
Administration. Presently pending before the Court is defendant's Motion to
Reverse and Remand.
Defendant answered plaintiff's Complaint on February 17, 2016. In her
Motion to Reverse and Remand, defendant requests that the matter be remanded
for further consideration of plaintiff s claims. Specifically, defendant avers that,
upon remand, an Administrative Law Judge will be provided the opportunity to
present a vocational expert (VE) with a hypothetical question that accurately
reflects all of plaintiff’s limitations and, further, will be able to take VE testimony
resolving any conflict between the expert’s testimony and the Dictionary of
Occupational Titles. The defendant requests that the matter be remanded to the
Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further

consideration of plaintiff s claims. Plaintiff has informed the Court that she does
not object to the defendant’s motion.
A review of the motion shows it to be well taken. See, e.g., Buckner v.
Apfel, 213 F.3d 1006, 1009-11 (8th Cir. 2000).
Accordingly,
IT IS HEREBY ORDERED that defendant's Motion to Reverse and
Remand [19] is GRANTED.
IT IS FURTHER ORDERED that the decision of the Commissioner is
REVERSED, and this matter is REMANDED to the Commissioner pursuant to
sentence four of 42 U.S.C. § 405(g) for further consideration of plaintiff's claims.
A separate Judgment is entered herewith.

_______________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 6th day of June, 2016.

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