Bouse v. Social Security Administration

Filing 24

OPINION AND ORDER by Magistrate Judge Frank H McCarthy reversing and ; remanding case (terminates case) ; granting 21 Motion to Remand (tjc, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
TARA BOUSE,
Plaintiff,
vs.

Case No. 13-CV-335-FHM

CAROLYN W. COLVIN,
Acting Commissioner, Social Security
Administration,
Defendant.
OPINION AND ORDER
The Commissioner’s Opposed Motion to Reverse and Remand, [Dkt. 21], has been
fully briefed and is before the court for decision.
The Commissioner seeks a remand under sentence four of 42 U.S.C. § 405(g) for
further development because, “in assessing Plaintiff’s mental residual functional capacity
for the period beginning January 15, 2010, the administrative law judge (ALJ) did not
properly evaluate the opinion evidence.” [Dkt. 21, p. 1]. The Commissioner represents
that on remand, “[t]he Appeals Council will instruct the ALJ to give further consideration to
the psychologists and physicians’ opinions and reassess Plaintiff’s mental residual
functional capacity finding.” Id. Plaintiff asserts that she does not oppose remand, but the
remand order should not be a general remand order. Plaintiff asks that the remand order
clarify the period to be reviewed and instruct the ALJ only to give further consideration to
her mental residual functional capacity beginning January 15, 2010.
The court finds that an unqualified remand order is consistent with 20 C.F.R. §
404.983, which provides that upon remand of a case to an ALJ, any issues relating to the
case may be considered.

The Motion to Reverse and Remand, [Dkt. 21], is GRANTED. The Commissioner’s
decision is REVERSED and the case is REMANDED for further proceedings pursuant to
sentence four of 42 U.S.C. § 405(g).
SO ORDERED this 12th day of March, 2014.

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