Hurst v. Social Security Administration, Commissioner of (TV2)

Filing 21

ORDER granting in part and denying in part 15 Motion for Summary Judgment; denying 18 Motion for Summary Judgment. This case will be REMANDED to the Social Security Administration with instructions that the ALJ re-evaluate whether Plaintiff meets the requirements of Listing 11.07. Signed by Magistrate Judge H Bruce Guyton on 8/15/19. (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
DAVID R. HURST,
Plaintiff,
v.
ANDREW M. SAUL,1
Acting Commissioner of Social Security,
Defendant.

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No. 3:18-CV-235-HBG

ORDER
For the reasons stated in the Memorandum Opinion entered contemporaneously herewith,
Plaintiff’s Motion for Summary Judgment [Doc. 15] will be GRANTED IN PART, and the
Commissioner’s Motion for Summary Judgment [Doc. 18] will be DENIED. This case will be
REMANDED to the Social Security Administration with instructions that the ALJ re-evaluate
whether Plaintiff meets the requirements of Listing 11.07.

Overall, in order to facilitate

meaningful review, the ALJ should identify the applicable listed impairments and consider the
record as a whole in determining whether Plaintiff satisfied the requisite Listing criteria.
IT IS SO ORDERED.
ENTER:

United States Magistrate Judge

1

Andrew M. Saul was sworn in as the Commissioner of Social Security on June 17, 2019,
during the pendency of this case. Therefore, pursuant to Federal Rule of Civil Procedure 25(d),
Andrew M. Saul is substituted as the Defendant in this case.