Davis, Dennis v. Colvin, Carolyn

Filing 16

ORDER granting 15 Motion to Remand for Further Proceedings Pursuant to Sentence Four of 42 U.S.C. § 405(g). Signed by Magistrate Judge Stephen L. Crocker on 4/17/2017. (kwf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

DENNIS J. DAVIS,
Plaintiff,
Case No. 16-cv-678-slc

V.

NANCY A. BERRYHILL,
ACTING COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

ORDER ON THE PARTIES' JOINT MOTION FOR REMAND FOR FURTHER
PROCEEDINGS PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)

Pursuant to the power of this Court to enter a judgment affirming, modifying or
reversing the Commissioner's decision with remand in Social Security actions under
sentence four of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), and in light
of the parties' joint motion to remand this action, this Court now, upon substantive
review, hereby enters a judgment under sentence four of 42 U.S.C. § 405(g) reversing
the Commissioner's decision with a remand of the cause to the Commissioner according
to the following terms.

See Sh.alala v. Schaefer, 509 U.S. 292, 296 (1993); Melkonyan v.

Sullivan, 501 U.S. 89, 97-98 (1991).
On remand, an administrative law judge (ALJ) will consider the medical
statements located at exhibits 9F and lOF of the administrative record. The ALJ will
consider any arguments or evidence raised by Plaintiff as to the identity of the author of

those exhibits. The ALJ will reconsider Plaintiff's allegations, consistent with
applicable regulations rules and regulations, in light of the evidence, and reevaluate
Plaintiff's residual functional capacity. If necessary, the ALJ will obtain supplemental
vocational expert testimony to assist in reaching findings at steps four and/ or five. The
ALJ shall issue a de novo decision consistent with all applicable rules and regulations.
SO ORDERED this

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J l day of

ftfR.J L

HON. STEPHEN L. CROCKER
United States Magistrate Judge

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