Wilson v. Astrue

Wilson v. Astrue

Plaintiff:	Jerry Wilson
Defendant:	Michael J. Astrue
Case Number:	4:2011cv00102
Filed:	July 1, 2011
Court:	US District Court for the Eastern District of Virginia
Office:	Newport News Office
County:	Newport News City
Presiding Judge:	Robert G. Doumar
Presiding Judge:	Tommy E. Miller
Nature of Suit:	Supplemental Security Income
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
October 1, 2012	Filing 17 OPINION AND ORDER: The record before the Court does not permit meaningful review of the Commissioner's determination. For the reasons stated herein, the Court hereby: (1) REJECTS the Magistrate's Report and Recommendation; (2) DENIES the Pl aintiffs Motion for Summary Judgment, ECF No. 9; (3) DENIES the Defendant's Motion for Summary Judgment, ECF No. 11; (4) REVERSES the Commissioner's disability determination; and (5) REMANDS the Case for a rehearing pursuant to the Court� 39;s authority under 42 U.S.C. § 405(g). On remand, the Commissioner is DIRECTED to: (1) refer Plaintiff Wilson for a further consultative examination by an independent medical specialist if the Commissioner finds that the evidence submitted to the Appeals Council provides an inadequate basis for assessing the Plaintiffs exertional capacities one year after his surgery; (2) consult a vocational expert concerning what jobs, if any, would be available to the Plaintiff in the national economy at any exertional level he might be capable of performing; (3) fully explain the weight afforded to any medical opinion evidence in any future determination pursuant to the requirements of 20 C.F.R. §§ 404.1527 and 416.927; and (4) conduct further proceedings consistent with this decision. Entered 9/29/12 and filed 10/1/12. (Signed by District Judge Robert G. Doumar on 9/29/12). Copies provided as directed on 10/1/12.(ecav, )

Date Filed

Document Text

October 1, 2012

Filing 17 OPINION AND ORDER: The record before the Court does not permit meaningful review of the Commissioner's determination. For the reasons stated herein, the Court hereby: (1) REJECTS the Magistrate's Report and Recommendation; (2) DENIES the Pl aintiffs Motion for Summary Judgment, ECF No. 9; (3) DENIES the Defendant's Motion for Summary Judgment, ECF No. 11; (4) REVERSES the Commissioner's disability determination; and (5) REMANDS the Case for a rehearing pursuant to the Court� 39;s authority under 42 U.S.C. § 405(g). On remand, the Commissioner is DIRECTED to: (1) refer Plaintiff Wilson for a further consultative examination by an independent medical specialist if the Commissioner finds that the evidence submitted to the Appeals Council provides an inadequate basis for assessing the Plaintiffs exertional capacities one year after his surgery; (2) consult a vocational expert concerning what jobs, if any, would be available to the Plaintiff in the national economy at any exertional level he might be capable of performing; (3) fully explain the weight afforded to any medical opinion evidence in any future determination pursuant to the requirements of 20 C.F.R. §§ 404.1527 and 416.927; and (4) conduct further proceedings consistent with this decision. Entered 9/29/12 and filed 10/1/12. (Signed by District Judge Robert G. Doumar on 9/29/12). Copies provided as directed on 10/1/12.(ecav, )

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Defendant: Michael J. Astrue
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Plaintiff: Jerry Wilson
Represented By:	Charlene A Morring
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