KLEIN v. ASTRUE, 3:11cv273. (2012)
Court: District Court, W.D. North Carolina
Number: infdco20120206595
Visitors: 15
Filed: Feb. 02, 2012
Latest Update: Feb. 02, 2012
Summary: MEMORANDUM OF DECISION MAX O. COGBURN, Jr., District Judge. Sentence Four Remand Defendant's Unopposed Motion for Remand and Entry of Judgment Under Sentence Four of 42 U.S.C. 405(g) (#14) is GRANTED. The Court orders that, upon remand, the ALJ evaluate further the medical evidence, specifically addressing the evidence for the period at issue that concerns the plaintiff's complaints of neck and upper extremity pain; reassess and clarify the plaintiff's residual functional capacity; and o
Summary: MEMORANDUM OF DECISION MAX O. COGBURN, Jr., District Judge. Sentence Four Remand Defendant's Unopposed Motion for Remand and Entry of Judgment Under Sentence Four of 42 U.S.C. 405(g) (#14) is GRANTED. The Court orders that, upon remand, the ALJ evaluate further the medical evidence, specifically addressing the evidence for the period at issue that concerns the plaintiff's complaints of neck and upper extremity pain; reassess and clarify the plaintiff's residual functional capacity; and ob..
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MEMORANDUM OF DECISION
MAX O. COGBURN, Jr., District Judge.
Sentence Four Remand
Defendant's Unopposed Motion for Remand and Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) (#14) is GRANTED.
The Court orders that, upon remand, the ALJ evaluate further the medical evidence, specifically addressing the evidence for the period at issue that concerns the plaintiff's complaints of neck and upper extremity pain; reassess and clarify the plaintiff's residual functional capacity; and obtain supplemental vocational expert testimony.
Therefore, this Court hereby reverses the Commissioner's decision under sentence four of 42 U.S.C. § 405(g) with a remand of the cause to the Commissioner for further proceedings. See Shalala v. Schaefer, 509 U.S. 292 (1993); Melkonyan v. Sullivan, 501 U.S. 89 (1991). The Clerk of Court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
Source: Leagle
