Whitmer v. Berryhill

Whitmer v. Berryhill

Plaintiff:	Sean Whitmer
Defendant:	Nancy A. Berryhill
Case Number:	4:2017cv02145
Filed:	July 26, 2017
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	St. Charles
Presiding Judge:	Abbie Crites-Leoni
Nature of Suit:	Supplemental Security Income
Cause of Action:	42 U.S.C. § 205
Jury Demanded By:	None

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Date Filed	Document Text
September 14, 2018	Filing 22 MEMORANDUM: In sum, the ALJ's failure to obtain medical evidence regarding the effect of Whitmer's mental impairments on his ability to remain compliant with his medication requires remand. The Court does not reach Whitmer's additional argument of error at step five of the sequential evaluation. On remand, the ALJ shall obtain, and consider, evidence to determine the cause of Whitmer's noncompliance and the effect of such noncompliance on his RFC. The ALJ will then formulate a mental RFC based on the record as a whole. Signed by Magistrate Judge Abbie Crites-Leoni on 9/14/2018. (JMC)

Date Filed

Document Text

September 14, 2018

Filing 22 MEMORANDUM: In sum, the ALJ's failure to obtain medical evidence regarding the effect of Whitmer's mental impairments on his ability to remain compliant with his medication requires remand. The Court does not reach Whitmer's additional argument of error at step five of the sequential evaluation. On remand, the ALJ shall obtain, and consider, evidence to determine the cause of Whitmer's noncompliance and the effect of such noncompliance on his RFC. The ALJ will then formulate a mental RFC based on the record as a whole. Signed by Magistrate Judge Abbie Crites-Leoni on 9/14/2018. (JMC)

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Plaintiff: Sean Whitmer
Represented By:	Jeffrey J. Bunten
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Defendant: Nancy A. Berryhill
Represented By:	Nicholas P. Llewellyn
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