Allen v. Berryhill

Filing 21

ORDER- It is hereby ORDERED that Plaintiff Melinda Allen's 9 Motion for Summary Judgment be, and the same hereby is, GRANTED; and it is further ORDERED that Defendant's 12 Motion for Summary Judgment be, and the same hereby is, DENIED; and it is further ORDERED that the final decision of the Commissioner be, and the same hereby is, REVERSED; and the case is REMANDED to the Commissioner for an award of disability insurance benefits for the period of disability beginning on September 3, 2013. Signed by District Judge Anthony J Trenga on 11/18/2019. (See order for further details). (acha, )

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

Alexandria Division

MELINDA ALLEN,

Plaintiff,

Civil Action No. 1:17-cv-1156(AJT/TCB)

V.

NANCY A. BERRYHILL, Acting
Commissioner, Social Security
Administration,
Defendant.

ORDER

Melinda Allen ("Plaintiff) seeks judicial review pursuant to the 42 U.S.C. § 405(g) of a
final decision denying Plaintiffs claim for Disability Insurance Benefits("DIB") pursuant to
Title II ofthe Social Security Act. The dispositive issue is whether the Defendant's decision
regarding Plaintiffs "residual functional capacity" is supported by substantial evidence. Based

on the administrative record, the parties' pleadings,' and a detailed de novo review ofthe
Magistrate Judge's Report & Recommendation [Doc. 16]("R&R"),the Court concludes that the

Defendant's decision finding that Plaintiff can perform the "sit/stand option" is not supported by
substantial evidence, and that Plaintiff has established her entitlement to the requested DIB.
Accordingly, Plaintiffs motion for summary judgment will be granted; Defendant's
motion for summary judgment will be denied; Defendant's decision reversed; and the matter will
be remanded for an award of benefits by the Defendant.

' The motions and briefs in this case include Plaintiffs Motion for Summary Judgment [Doc. 9], PlaintifTs
Memorandum in Support of Motion for Summary Judgment[Doc. 10]("PL's Memo Supp."), Defendant's Motion for

Summary Judgment [Doc. 12], and the Memorandum of Law in Support of Defendant's Motion for Summary
Judgment and in Opposition to Plaintiffs Motion for Summary Judgment[Docs. 13 & 14].