Erickson, Ruth v. Berryhill, Nancy

Filing 15

ORDER granting 14 Motion to Remand to the Commissioner pursuant to sentence four of Section 205 of the Social Security Act, 42 U.S.C. 405(g) for further proceedings. Signed by District Judge James D. Peterson on 4/4/2018. (jls)

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

RUTH ALICE ERICKSON,
Plaintiff,
Case No. 3:17-cv-804-jdp

V.

NANCY A. BERRYHILL,
Deputy Commissioner for Operations,
performing the duties and functions not
reserv ed to the 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 r emand this action, this Court now, upon substantive
review, h ereby enters a judgm ent 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); M elkonyan v .

Sullivan, 501 U.S. 89, 97-98 (1991).

On remand, an administrative law judge (ALJ) will reconsider the opinions of
Roland R. More, M .D. and Ursula Berger, MSSW, LCSW. The ALJ will reconsider

Plaintiff's allegations, consistent with applicable regulations rules and regulations, 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

tf'M

day of April, 2018.

United States District Court Judge