Roth-Riemann v. Commissioner of Social Security

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATION 24 ; Reverses the Commissioner's decision denying Roth-Riemann's Application for Supplemental Security Income; Remands this matter to the Commissioner pursuant to sentence four of Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g); and Orders that judgment pursuant to this Order issue forthwith. Signed by Honorable Lee R. West on 4/10/2107. (kb)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF OKLAHOMA

DEBORAH A. ROTH-RIEMANN,
Plaintiff,

)
)

VS.

No. CIV-16-614-W

NANCY A. BERRYHILL, Acting

Commissioner of Social Security,^
Defendant.
ORDER

On March 23, 2017, United States Magistrate Judge Shon T. Erwin issued a

Report and Recommendation in this matter and recommended that the decision of Nancy

A. Berryhill, Acting Commissioner of Social Security ("Commissioner"), denying the
Application for Supplemental Security Income filed by plaintiff Deborah A. Roth-Riemann
be reversed.

Magistrate Judge Enwin further recommended that this matter be

remanded to the Commissioner for additional administrative proceedings. The parties

were advised of their right to object to Magistrate Judge Enwin's Report and
Recommendation, see Doc. 24 at 18, but neither party has objected within the allotted
time.

Upon review of the record, the Court concurs that reversal as well as remand of
this matter is warranted because the Administrative Law Judge ("ALJ") erred in his

evaluation of Roth-Riemann's medical records through his selective review of the

^Effective January 23, 2017, Nancy A. Berryhill became Acting Commissioner of Social
Security. Pursuant to Rule 25(d)(1), F.R.Civ.P., Berryhill is hereby SUBSTITUTED as the
defendant in this action.

evidence from Northcare Mental Health Center and Hope Community Services. The

Court further finds that this error is dispositive and that the Court therefore need not

examine Roth-Riemann's remaining propositions. E.g.. Watkins v. Barnhart. 350 F.3d
1297, 1299 (10*^ Cir. 2003).
Accordingly, the Court

(1) ADOPTS the Report and Recommendation [Doc. 24] issued on March 23,
2017;

(2) REVERSES the Commissioner's decision denying Roth-Riemann's Application
for Supplemental Security Income;

(3) REMANDS this matter to the Commissioner pursuant to sentence four of
Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), for further administrative
proceedings in accordance with this Order and consistent \N\\h Magistrate Judge Erwin's
Report and Recommendation;^ and
(4) ORDERS that judgment pursuant to this Order issue forthwith.
ENTERED this

day of April. 2017.

:e r. west

United states district judge

2As Magistrate Judge Erwin has stated, on remand, the ALJ should consider the opinions
offered by Northcare Mental Health Center and Hope Community Sen/ices and by medical
professionals Edgar J. Kranau, Ph.D., Deborah Hartley, Ph.D., Kieth D. McKee, Ph.D., and Jeriy
D. White, Ph.D., and review each opinion utilizing the applicable regulatory factors, e^, Hamlin
V. Barnhart. 365 F.3d 1208,1215 n.7 (10^^ Cir. 2004), resolve any inconsistencies and explain the
weight given to each opinion.