Ladner v. Colvin

Filing 24

ORDER denying 22 Motion to Remand to Social Security Administration. Signed by District Judge Terrence W. Boyle on 8/23/2016. (Romine, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:15-CV-631-BO
MARK LADNER,
Plaintiff,
v.

CAROLYN W. COLVIN,
Acting Commissioner ofSocial Security,
Defendant.

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ORDER

This cause comes before the Court on plaintiffs motion for judgment on the pleadings
and defendant's motion for remand under sentence four of 42 U.S.C. § 405(g).
DISCUSSION
Plaintiff brought this action under 42 U.S.C. §§ 405(g) and 1383(c)(3) for review of the
final decision of the Acting Commissioner denying his claim for disability insurance benefits
(DIB) pursuant to Title II of the Social Security Act. Defendant has moved to remand the matter
to the Acting Commissioner because further fact-finding and analysis is required. Specifically,
defendant argues that remand is necessary so that the Administrative Law Judge (ALJ) may
properly evaluate the opinion of Dr. Smith, discuss whether plaintiffs impairments meet or
equal a Listing of Impairments, and give further consideration to plaintiffs mental residual
functional capacity. Plaintiff opposes defendant's motion, arguing that the decision of the
Acting Commissioner may be properly reversed at this stage of the proceedings as the ALJ has
already considered the medical opinion evidence, and that if the case is remanded it should be
remanded with instructions to be assigned to a different ALJ for consideration.

On review, defendant has not made a sufficient showing that remand over plaintiffs
objection is appropriate at this time. The matter will thus proceed to oral argument before the
undersigned at the Court's next social security term.
CONCLUSION
For the foregoing reasons, defendant's motion for remand [DE 22] is DENIED. This
matter will be set for hearing by separate notice.

SO ORDERED, this

_aJ_ day of August, 2016.
T RRENCE W. BOYLE
UNITED STATES DISTRICT

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