Huddleston v. Social Security Administration

Filing 19

OPINION AND ORDER by Magistrate Judge Steven P. Shreder granting 18 Motion to Remand (dma, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
DENISE E. HUDDLESTON,

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Plaintiff,
v.

CAROLYN W. COLVIN,
Acting Commissioner of the Social
Security Administration,1
Defendant.

Case No. CIV-13-119-SPS

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OPINION AND ORDER
The claimant Denise E. Huddleston 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, inter alia, that the Administrative
Law Judge (“ALJ”) erred by failing to properly analyze the opinion of consultative
examiner Dr. Subramaniam Krishnamurthi, M.D.
After the claimant filed his appellate brief, the Commissioner moved to remand
the case to the ALJ for a proper analysis of Dr. Krishnamurthi’s opinions. The claimant
has no objection to the Defendant’s Unopposed Motion to Reverse and Remand and
Memorandum in Support [Docket No. 18], so the motion is therefore GRANTED.
Accordingly, the Court finds that the decision of the Commissioner is unsupported
by substantial evidence, and it is therefore REVERSED pursuant to the fourth sentence of
42 U.S.C. § 405(g). The case is hereby REMANDED to the ALJ for a proper analysis of

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On February 14, 2013, Carolyn Colvin became the Acting Commissioner of Social Security. In
accordance with Fed. R. Civ. P. 25(d), Ms. Colvin is substituted for Michael J. Astrue as the
Defendant in this action.

the opinions of Dr. Subramaniam Krishnamurthi, M.D. The claimant is the prevailing
party in this action and the Court will therefore render a separate judgment in his favor
pursuant to Fed. R. Civ. P. 58(b)(2)(B).
DATED this 3rd day of January, 2014.

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