Davila v. Commissioner of Social Security
||Commissioner of Social Security
||March 28, 2013
||US District Court for the Northern District of Ohio
||Vernelis K. Armstrong
||Christopher A. Boyko
|Nature of Suit:
||Social Security: HIA
|Cause of Action:
||42:405 Review of HHS Decision
|Jury Demanded By:
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|January 28, 2014
Memorandum Opinion and Order: The decision of the Commissioner is reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g). Upon remand, the Commissioner shall consider: (1) whether Plaintiff is disabled due to fibro myalgia using the standard set forth for analyzing that particular impairment; (2) the weight assigned to the opinion of Dr. Mendoza given his classification as a 34 treating physician; and (3) Plaintiffs credibility based on the two-prong test used when determining credibility based solely on allegations of pain. The Commissioner shall also include further explanation as to the weight assigned to the opinions of Ms. Herwig and Ms. Dillane. Related document 1 Complaint. Magistrate Judge Vernelis K. Armstrong on 1/28/2014. (B,TM)
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