Shipp v. Astrue

Shipp v. Astrue

Plaintiff:	Kara Leigh Shipp
Defendant:	Michael J. Astrue
Case Number:	1:2012cv00374
Filed:	February 3, 2012
Court:	US District Court for the Northern District of Georgia
Office:	Atlanta Office
County:	Fulton
Presiding Judge:	Alan J. Baverman
Presiding Judge:	Robert L. Vining
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
March 31, 2014	Filing 19 ORDER and OPINION granting Defendant's 16 Motion to Alter or Amend Judgment. The Court's Order and Opinion entered onto the record on August 28, 2013, is hereby AMENDED to hold that the ALJ did not err by failing to procure a consultative mental examination from a treating medical source and that Plaintiff's second allegation of error therefore provides no grounds for reversal. Because the Commissioner challenged only one of the Court's two grounds for revers ing and remanding the decision of the Commissioner, the Order to REVERSE the decision of the Commissioner and REMAND the case for further proceedings remains in place, albeit with a reduced scope of reconsideration. On remand, the AL J shall (1) reconsider Plaintiff's functional limitations and credibility in light of the records--both favorable and unfavorable--from the Paine College Counseling and Wellness Center, (2) incorporate any new findings into the RFC assessmen t, (3) procure supplemental vocational-expert testimony as necessary, and (4) conduct any further proceedings made necessary by new findings. Additionally, the stay of the deadline for the response to Plaintiff's 17 Motion for Attorneys 9; Fees is hereby LIFTED. If the Commissioner objects to the motion for attorneys' fees, she is hereby DIRECTED to file a response brief within FOURTEEN DAYS following the entry of this Order. Signed by Magistrate Judge Alan J. Baverman on 3/31/2014. (dfb)

Date Filed

Document Text

March 31, 2014

Filing 19 ORDER and OPINION granting Defendant's 16 Motion to Alter or Amend Judgment. The Court's Order and Opinion entered onto the record on August 28, 2013, is hereby AMENDED to hold that the ALJ did not err by failing to procure a consultative mental examination from a treating medical source and that Plaintiff's second allegation of error therefore provides no grounds for reversal. Because the Commissioner challenged only one of the Court's two grounds for revers ing and remanding the decision of the Commissioner, the Order to REVERSE the decision of the Commissioner and REMAND the case for further proceedings remains in place, albeit with a reduced scope of reconsideration. On remand, the AL J shall (1) reconsider Plaintiff's functional limitations and credibility in light of the records--both favorable and unfavorable--from the Paine College Counseling and Wellness Center, (2) incorporate any new findings into the RFC assessmen t, (3) procure supplemental vocational-expert testimony as necessary, and (4) conduct any further proceedings made necessary by new findings. Additionally, the stay of the deadline for the response to Plaintiff's 17 Motion for Attorneys 9; Fees is hereby LIFTED. If the Commissioner objects to the motion for attorneys' fees, she is hereby DIRECTED to file a response brief within FOURTEEN DAYS following the entry of this Order. Signed by Magistrate Judge Alan J. Baverman on 3/31/2014. (dfb)

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Defendant: Michael J. Astrue
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Plaintiff: Kara Leigh Shipp
Represented By:	Jaya Ann Shurtliff
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