Nolina v. Colvin

Filing 23

OPINION AND ORDER: For the reasons discussed above, the Court remands this case for further proceedings that are consistent with this Opinion and Order. On remand, the ALJ should: 1. Elicit and assess the rationale and evidence underlying Dr. Brust& #039;s opinions or, in the alternative, the opinions of any other expert retained by the Commissioner; 2. Develop the record with respect to the credentials of Dr. Mindell, or any other speech-language pathologist who is presently treating M, to det ermine if the person qualifies as a treating physician and, if so, apply the treating physician rule; 3. More thoroughly question both M and her mother; 4. Analyze whether M's language impairment affects her functioning in the domain of Interact ing and Relating with Others; and 5. Address the significance of M's CELF-4 scores on her functioning in the domains of Acquiring and Using Information and Interacting and Relating with Others. The Clerk is respectfully directed to close Docket No. 21 and to enter judgment remanding this case pursuant to sentence four of 42 U.S.C. § 405(g). (Signed by Magistrate Judge James L. Cott on 12/20/2016) (kgo)