Shandy v. Commissioner Social Security Administration

Filing 22

Opinion and Order: The Commissioner's final decision is Reversed and this matter is Remanded under sentence four of 42 U.S.C. § 405(g) for further proceedings. Signed on 10/29/2014 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
CHRISTY L. SHANDY,
Plaintiff,
v.

Civ. No. 6:13-cv-01895-MC
OPINION AND ORDER

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
_____________________________
MCSHANE, Judge:
Plaintiff Christy Shandy brings this action for judicial review of a final decision of the
Commissioner of Social Security denying her application for disability insurance benefits (DIB)
and supplemental security income payments (SSI) under Titles II and XVI of the Social Security
Act. This Court has jurisdiction under 42 U.S.C. §§ 405(g) and 1383(c)(3). The parties filed this
stipulated motion to remand, ECF No. 21, seeking to reverse the Commissioner’s decision and
remand for further proceedings. Stipulated Mot. Remand 1–2, ECF No. 21. Based upon the
parties’ stipulation, this Court GRANTS the stipulated motion to remand, ECF No. 21. The
Commissioner’s final decision is REVERSED and this matter is REMANDED under sentence
four 1 of 42 U.S.C. § 405(g) for further proceedings. It is hereby ordered:

1

Sentence four provides:
The court shall have power to enter, upon the pleadings and transcript of the record, a
judgment affirming, modifying, or reversing the decision the decision of the
Commissioner of Social Security, with or without remanding the cause for a rehearing.

42 U.S.C. § 405(g).

1 – OPINION AND ORDER

1. Upon remand, an administrative law judge (ALJ) shall hold a de novo hearing in which
plaintiff may present new arguments and evidence.
2. The ALJ shall consider whether the intellectual functioning scores obtained by Ryan
Scott, Ph.D., are a complete and accurate assessment of plaintiff’s intellectual functioning
and, if not, further develop the record to obtain a valid measure of her cognitive
functioning.
3. The ALJ shall reevaluate whether plaintiff’s cognitive impairment meets or equals the
requirements of Listing 12.05C, Intellectual Disability. If warranted, the ALJ shall obtain
evidence from a medical expert.
4. The ALJ shall reassess plaintiff’s residual functional capacity.
5. The ALJ shall complete the sequential evaluation process, including obtaining
supplemental vocational expert evidence at step five.
IT IS SO ORDERED.

DATED this 29th day of October, 2014.

__________

__________________

Michael J. McShane
United States District Judge

2 – OPINION AND ORDER