Walton v. Astrue

Filing 19

MEMORANDUM AND ORDER - Defendant's Motion to Remand (filing 16 ) is granted. This matter is reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g) to allow the Commissioner to (1) update the administrative record, (2) a fford the plaintiff an opportunity for a hearing, and (3) render a new decision including specific residual functional capacity limitations that account for all the plaintiff's impairments. A separate judgment will be entered.Ordered by Judge John M. Gerrard. (GJG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LADELL EUGENE WALTON, JR.,
Plaintiff,
vs.

8:12-CV-159
MEMORANDUM AND ORDER

MICHAEL J. ASTRUE,
Commissioner of the Social Security
Administration,
Defendant.
This is an appeal of a final agency decision under the Social Security
Act, 42 U.S.C. § 401 et seq. In lieu of a brief on the merits, the defendant has
filed a Motion to Remand (filing 16) pursuant to sentence four of § 405(g).
The plaintiff has filed a Response to Defendant's Motion to Remand (filing
18) offering no resistance to the defendant's motion.
The Memorandum in Support of Defendant's Motion to Remand (filing
17) states that upon agency counsel's request, the Appeals Council agreed
that a remand for further consideration was appropriate because the decision
of the administrative law judge (ALJ) did not include adequate limitations in
the plaintiff's residual functional capacity (RFC). Specifically, although the
ALJ found that the plaintiff had severe impairments of a learning disability,
bilateral hearing loss, and a speech impediment, the ALJ did not include any
limitations in the RFC to account for these impairments. Filing 17. The
defendant asks that the matter be remanded so that an ALJ can update the
administrative record and afford the plaintiff an opportunity for a hearing,
and the ALJ can render a new decision including specific RFC limitations to
account for all the plaintiff's impairments. Filing 17.
Because the Court construes the defendant's Motion to Remand as a
concession of error at the administrative level which brings into question the
decision below, and because the defendant specifically concedes that this
matter should be remanded pursuant to sentence four of § 405(g), the Court
will reverse and remand this matter to the Commissioner for the abovestated reasons.

IT IS ORDERED:
1.

Defendant's Motion to Remand (filing 16) is granted.

2.

This matter is reversed and remanded pursuant to
sentence four of 42 U.S.C. § 405(g) to allow the
Commissioner to (1) update the administrative record, (2)
afford the plaintiff an opportunity for a hearing, and (3)
render a new decision including specific residual functional
capacity limitations that account for all the plaintiff's
impairments.

3.

A separate judgment will be entered.

Dated this 5th day of October, 2012.
BY THE COURT:
John M. Gerrard
United States District Judge

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