Cartee v. Commissioner of Social Security

Filing 17

MEMORANDUM AND ORDER granting in part and denying in part 9 MOTION for Order Reversing the Decision of the Commissioner; granting in part and denying in part 15 MOTION for Order Reversing and Remanding the Decision of the Commissioner. The decision of the Commissioner is reversed pursuant to sentence four of 42 U.S.C. § 405(g), with remand to the Commissioner for further proceedings. Signed by District Judge J. Garvan Murtha on 9/27/2016. (esb)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
DAWN MARIE CARTEE,

:
:
Plaintiff,
:
:
v.
:
:
CAROLYN W. COLVIN,
:
Commissioner of Social Security,
:
:
Defendant.
:
_____________________________________ :

File No. 1:15-cv-00215-jgm

MEMORANDUM AND ORDER
(Docs. 9, 15)
Plaintiff Dawn Marie Cartee brings this action under 42 U.S.C. § 405(g) of the
Social Security Act, requesting review and reversal of the Commissioner of Social Security’s denial of
her application for supplemental security income. (Doc. 3 (Compl.).) Pending before the Court are
Cartee’s motion seeking an order reversing the Commissioner’s decision (Doc. 9), and the
Commissioner’s motion seeking an order reversing and remanding her decision (Doc. 15). Cartee
filed a reply to the Commissioner’s motion. (Doc. 16.)
It is hereby ORDERED that Cartee’s motion to reverse is granted in part and denied in part
and the Commissioner’s motion to reverse and remand is granted in part and denied in part. The
decision of the Commissioner is reversed pursuant to sentence four of 42 U.S.C. § 405(g), with
remand to the Commissioner for further proceedings. See Shalala v. Schaefer, 509 U.S. 292, 296-97
& n.1 (1993).
On remand, the Appeals Council will remand this case to a different Administrative Law
Judge for further proceedings, including the admission of the opinions of Dr. Caloras without the
procedural hurdles of 20 C.F.R. § 405.331(b) or (c), properly assessing the opinion evidence--

including the opinions of Dr. Caloras and Lori Gurney, M.S.--under the relevant regulations and
social security rulings, and taking any further action necessary to complete the administrative record
and issue a new decision.
SO ORDERED.
Dated at Brattleboro, in the District of Vermont, this 27th day of September, 2016.

/s/ J. Garvan Murtha
Honorable J. Garvan Murtha
United States District Judge

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