Barton v. Berryhill

Barton v. Berryhill

Plaintiff:	Amanda M. Barton
Defendant:	Nancy A. Berryhill
Case Number:	4:2017cv01321
Filed:	April 13, 2017
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	St. Louis - City
Presiding Judge:	Abbie Crites-Leoni
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 205
Jury Demanded By:	None

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Date Filed	Document Text
October 20, 2017	Filing 17 MEMORANDUM AND ORDER re: 15 MOTION to Remand Case to Social Security Administration filed by Defendant Nancy A. Berryhill. IT IS HEREBY ORDERED that Defendant's Motion to Reverse and Remand (Doc. 15) is GRANTED. IT IS FURTHER ORDE RED that the decision of the Commissioner be reversed and this cause be remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. ' 405(g) for those reasons set forth in this Memorandum and Order. Upon receipt o f this remand order, the Appeals Council will remand this case to an ALJ who will be directed to obtain additional vocational expert testimony, while (1) identifying and resolving conflicts between vocational expert opinion and the DOT, and (2) consi dering vocational expert opinion that was given in response to questions describing all aspects of the RFC finding. If Defendant chooses to consolidate this remanded matter with a new matter addressing a new period of alleged disability, Defendant wi ll provide Plaintiff with an opportunity for a full hearing (not limited to vocational testimony) and resolve the consolidated claim by consideration of the entire five-step sequential evaluation. A separate written Judgment will be entered in favor of the Plaintiff and against the Defendant. Signed by Magistrate Judge Abbie Crites-Leoni on 10/20/17. (CSG)

Date Filed

Document Text

October 20, 2017

Filing 17 MEMORANDUM AND ORDER re: 15 MOTION to Remand Case to Social Security Administration filed by Defendant Nancy A. Berryhill. IT IS HEREBY ORDERED that Defendant's Motion to Reverse and Remand (Doc. 15) is GRANTED. IT IS FURTHER ORDE RED that the decision of the Commissioner be reversed and this cause be remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. ' 405(g) for those reasons set forth in this Memorandum and Order. Upon receipt o f this remand order, the Appeals Council will remand this case to an ALJ who will be directed to obtain additional vocational expert testimony, while (1) identifying and resolving conflicts between vocational expert opinion and the DOT, and (2) consi dering vocational expert opinion that was given in response to questions describing all aspects of the RFC finding. If Defendant chooses to consolidate this remanded matter with a new matter addressing a new period of alleged disability, Defendant wi ll provide Plaintiff with an opportunity for a full hearing (not limited to vocational testimony) and resolve the consolidated claim by consideration of the entire five-step sequential evaluation. A separate written Judgment will be entered in favor of the Plaintiff and against the Defendant. Signed by Magistrate Judge Abbie Crites-Leoni on 10/20/17. (CSG)

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Plaintiff: Amanda M. Barton
Represented By:	Erica L. Nuyen
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Defendant: Nancy A. Berryhill
Represented By:	Jane Rund(Designation Assistant US Attorney)
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