MAY v. BERRYHILL

Filing 16

ORDER THAT PLAINTIFF'S PETITION FOR REVIEW IS GRANTED IN PART. WE REMAND TO THE COMMISSIONER TO PROMPTLY CONDUCT A NEW HEARING AS OUTLINED HEREIN. THE COMMISSIONER SHALL FILE A STATUS MEMORANDUM ON 4/6/2018 AND EVERY 60 DAYS THEREAFTER UNTIL REACHING A FINAL ORDER ON THE REMAND.. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/6/2018. 2/6/2018 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

KEVIN JOSEPH MAY

CIVIL ACTION

v.
NO. 17-3123
NANCY A. BERRYHILL

ORDER
AND NOW, this

6th

day of February 2018, upon considering Plaintiffs Petition for

Review (ECF Doc. No. 3) and Brief (ECF Doc. No. 10), the Commissioner's Response (ECF
Doc. No. 11), Plaintiffs Reply (ECF Doc. No. 14) and for reasons in the accompanying
Memorandum, it is ORDERED Plaintiffs Petition for Review (ECF Doc. No. 3) is GRANTED
in part:

1.

We remand to the Commissioner to promptly conduct a new hearing to re-

evaluate the validity of all of Plaintiffs IQ tests, make a finding on the validity of the IQ tests,
explain the reasoning for rejecting as invalid IQ tests, if at all, in the context of Plaintiffs
adaptive functioning, and determine whether Plaintiff meets the listing criteria of 12.0SB or
12.0SC; and,
2.

To ensure proper review, the Commissioner shall file a status memorandum

detailing the progress on the remand required under this Order on April 6, 2018 and every sixty
days thereafter until reaching a final Order on the remand.