MORRIS v. COLVIN
FREDERICK A. MORRIS |
CAROLYN COLVIN |
SSA (Court Use Only) |
1:2014cv02013 |
December 8, 2014 |
US District Court for the Southern District of Indiana |
Indianapolis Office |
Mark J. Dinsmore |
Jane Magnus-Stinson |
Social Security: SSID Tit. XVI |
42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
None |
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Filing 24 ENTRY ON THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION. The Court SUSTAINS Mr. Morris' Objection to the Magistrate Judge's Report and Recommendation. [Filing No. 22; Filing No. 23.] The Court VACATES the ALJ's decision denyin g Mr. Morris supplemental security income and REMANDS this matter for further proceedings consistent with this opinion pursuant to 42 U.S.C. § 405(g) (sentence four). Judgment shall issue accordingly. On remand, the ALJ should reconsider wheth er Mr. Morris meets Listing 11.04. In making that finding, the ALJ must develop a logical bridge as to whether the medical evidence shows that Mr. Morris has persistent disorganization of motor function in two extremities, due to his stroke, which results in a loss of movement, gait, and station. The ALJ should also reconsider whether the opinions of Dr. Roth and Dr. Djodjeva should be given more significant weight, and should ensure that she adequately explains her reasons for her conclus ion. Based on this reconsideration, the ALJ should reformulate Mr. Morris' RFC if necessary, and should make sure to include every limitation in the RFC when posing hypothetical questions to the vocational expert. SEE ENTRY. Signed by Judge Jane Magnus-Stinson on 11/25/2015. (BGT) |
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