DAVIS v. BERRYHILL

Case No. 16-cv-678-slc.

DENNIS J. DAVIS, Plaintiff, v. NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.

United States District Court, W.D. Wisconsin.

Editors Note
Applicable Law: 42 U.S.C. § 1383
Cause: 42 U.S.C. § 1383 Review of HHS Decision
Nature of Suit: 865 Social Security: RSI Tax Suits
Source: PACER


Attorney(s) appearing for the Case

Dennis J. Davis, Plaintiff, represented by Barry Alan Schultz , Law Offices of Barry A. Schultz.

Nancy A. Berryhill, Defendant, represented by Richard Davis Humphrey , U.S. Attorney's Office.


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

STEPHEN L. CROCKER, Magistrate Judge.

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 Shalala 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 10F 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.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases