Standfell v. Social Security Administration
Filing
23
ORDER by Judge Ronald A. White : Affirming and adopting 20 the Report and Recommendation which reverses and remands the decision of the ALJ. (acg, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
CARRIE M. STANDFELL,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security
Administration,
Defendant.
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) Case No. CIV-14-475-RAW-KEW
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ORDER REMANDING CASE FOR FURTHER PROCEEDINGS
On March 8, 2016, Magistrate Judge West entered a Report and Recommendation in
the above-referenced case, recommending that this court reverse the Commissioner’s
decision upholding on appeal the findings of the Administrative Law Judge (“ALJ”), denying
benefits to plaintiff. Defendant has filed an objection and plaintiff has filed a response to
that objection, both of which the court has considered.
The recommended remand is for the ALJ to clarify an apparent inconsistency between
the testimony of the vocational expert (“VE”) and the Dictionary of Occupational Titles
(“DOT”). As the Magistrate Judge noted, this is a task which the Tenth Circuit assigns to
the ALJ. See Haddock v. Apfel, 196 F.3d 1084, 1091 (10th Cir.1999). Defendant objects on
the ground that the Magistrate Judge relied on an outdated interpretation of GED (general
educational development) reasoning levels, an interpretation outdated in the sense that the
Tenth Circuit has rejected it. This court disagrees with defendant, relying upon Ward v.
Colvin, 2015 WL 9451073 (W.D.Okla.2015). There, the district judge adopted the Report
and Recommendation of the United States Magistrate Judge which rejected the same
argument presented in the case at bar.* In brief, Magistrate Judge West relied upon a
published Tenth Circuit opinion. The unpublished Tenth Circuit opinions cited by the
defendant appear to be distinguishable. Any genuine conflict is for the Tenth Circuit itself
to resolve.
Upon full consideration of the entire record and the issues herein, this court finds that
the Magistrate Judge’s findings are supported by substantial evidence and the prevailing legal
authority. Accordingly, the Report and Recommendation of the United States Magistrate
Judge is hereby AFFIRMED and ADOPTED as this court’s Findings and Order. The
decision of the Secretary is reversed and this case is remanded to Defendant pursuant to the
fourth sentence of 42 U.S.C. §405(g) for further administrative proceedings.
ORDERED THIS 28th DAY OF MARCH, 2016.
Dated this 28th day of March, 2016.
J4h4i0
*
The Report and Recommendation is reported as Ward v. Colvin, 2015 WL 9438272
(W.D.Okla.2015).
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