Bamburg v. Social Security Administration
Filing
22
OPINION AND ORDER by Magistrate Judge Steven P. Shreder granting 20 Motion to Remand. (pjw, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
LISA R. BAMBURG,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of the Social
Security Administration,
Defendant.
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Case No. CIV-10-396-SPS
OPINION AND ORDER
The claimant Lisa R. Bamburg sought judicial review of the decision by the
Commissioner of the Social Security Administration (“Commissioner”) denying benefits
pursuant to 42 U.S.C. § 405(g). The claimant argued that the Administrative Law Judge
(“ALJ”) erred by: (i) failing to consider her arthritis of the lumbar spine in whether she is
able to perform the exertional demands of her past relevant work; (ii) concluding that she
could perform light work; (iii) failing to properly consider medical opinions as to her
mental impairments, and mischaracterizing the agency physician's opinion; and (iv)
failing to properly assess the claimant’s credibility.
After the claimant filed his appellate brief, the Commissioner moved to remand
the case to the ALJ for rehearing in order to obtain a new decision that would include a
specific credibility assessment. The claimant does not object to the Commissioner’s
Motion to Remand [Docket No. 20], and further requests that the Commissioner be
ordered to consider the other alleged errors on remand. The Commissioner’s motion is
therefore GRANTED.
Accordingly, the Court finds that the decision of the Commissioner is unsupported
by substantial evidence and is therefore REVERSED pursuant to the fourth sentence of
42 U.S.C. § 405(g). The case is hereby REMANDED to the ALJ for rehearing and a new
administrative decision that properly assesses the claimant’s credibility, and such other
evidence as the Commissioner finds appropriate. The claimant is the prevailing party in
this action and the Court will therefore render a separate judgment in her favor pursuant
to Fed. R. Civ. P. 58(b)(2)(B).
DATED this 28th day of June, 2011.
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