Stewart v. Berryhill
Filing
33
ORDER granting 26 Motion for Judgment on the Pleadings, denying 30 Motion for Judgment on the Pleadings and remanding the matter to the Commissioner for further proceedings. Signed by US Magistrate Judge Robert B. Jones, Jr. on 2/20/2019. (Grady, B.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:18-CV-85-RJ
RANDY STEWART,
Plaintiff/Claimant,
v.
ORDER
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
This matter is before the court on the parties' cross-motions for judgment on the pleadings
[DE-26, -30] pursuant to Fed. R. Civ. P. 12(c). Claimant Randy Stewaef ("Claimant") filed this
action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) seeking judicial review of the denial of his
applications for a period of disabil~ty, Disability Insurance Benefits ("DIB"), and Supplemental
Security Income ("SSI") payments. Claimant responded to Defendant's motion, [DE-32], and the
time for filing a reply has expired. Accordingly, the pending motions are ripe for adjudication.
Having carefully reviewed the administrative record and the motions and memoranda submitted
by the parties, Claimant's Motion for Judgment on the Pleadings is allowed, Defendant's Motion
for Judgment on the Pleadings is denied, and the case is r~manded to the Commissioner for further
proceedings.
I. STATEMENT OF THE CASE
Claimant protectively filed an application for a period of disability, DIB, and SSI on
December 3, 2008, alleging disability beginning September 3, 2008. (R. 11, 116-28). Both claims
were denied initially and upon reconsideration. (R. 48-58). A hearing before Administrative Law
\
Judge ("ALJ") Richard Perlowski was held on December 20, 2010, at which Claimant, represented
by counsel; a witness; and a vocational expert ("VE") appeared and testified. (R. 21-47, 195177). On January 26, 2011, ALJ Perlowski issued a decision denying Claimant's request for benefits.
(R. 8-20, 1910-22). The Appeals Council denied Claimant's request for review on July 10, 2012.
(R. 1-6, 1978-83). Claimant appealed to the United States District Court for the Eastern District
of North Carolina, and on August 22, 2013, United States Magistrate Judge Webb authored a
Memorandum and Recommendation finding error in ALJ Perlowski' s discussion of Claimant's
'
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depression and his credibility. (R. 1872-1902). On September 6, 2013, the United States District
Court adopted Judge Webb's Memorandum and Recommendation and rein.anded the case to the
Commissioner. (R. 1866-67). On January 10, 2014, the Appeals Council remanded the case to
ALJ Perlowski, noting that in a subsequent applifation, Claimant was found disabled with an onset
date of February 1, 2013. (R. 1905-09). The remaining issue was whether Claimant was disabled
from September 3, 2008 to February 1, 2013. Id. A second hearing bef
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