Washington v. Colvin

Filing 28

JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that this case is remanded to the Commissioner for review and hearing on the question of plaintiffs nonexertional limitations and how they impact the residual functional capacity finding. Plaintiffs psyc hiatric factors and conditions need to be addressed and resolved before a denial of benefits can be supported by substantial evidence. Plaintiffs motion for judgment on the pleadings is GRANTED, defendants motion for judgment on the pleadings is DENIED, and the decision of the Commissioner is REMANDED for further proceedings. Signed by deputy clerk for Peter A. Moore, Jr., Clerk of Court on 1/31/2018. (Downing, L.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
CHRISTIE MICHELLE WASHINGTON, )
Plaintiff,
)
)
v.
)
)
NANCY A. BERRYHILL,
)
Acting Commissioner of Social Security,
)
Defendant.
)

JUDGMENT
Case No. 7:16-CV-392-BO

Decision by Court.
This action came before United States District Judge Terrence W. Boyle for consideration of the
parties’ cross motions for judgment on the pleadings.
IT IS ORDERED, ADJUDGED AND DECREED that this case is remanded to the Commissioner
for review and hearing on the question of plaintiff’s nonexertional limitations and how they impact
the residual functional capacity finding. Plaintiff’s psychiatric factors and conditions need to be
addressed and resolved before a denial of benefits can be supported by substantial evidence.
Plaintiff’s motion for judgment on the pleadings is GRANTED, defendant’s motion for judgment
on the pleadings is DENIED, and the decision of the Commissioner is REMANDED for further
proceedings.
This judgment filed and entered on January 31, 2018, with electronic service upon:
Michael Gray Gillespie, (via CM/ECF Notice of Electronic Filing)
James B. Gillespie, Jr., (via CM/ECF Notice of Electronic Filing)
Keeya M. Jeffrey, (via CM/ECF Notice of Electronic Filing)
Marc D. Epstein, (via CM/ECF Notice of Electronic Filing)
PETER A. MOORE, JR.,
CLERK, U.S. DISTRICT COURT
January 31, 2018

/s/ Linda Downing
(By): Linda Downing, Deputy Clerk