Filed: Nov. 30, 2018
Latest Update: Nov. 30, 2018
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 30 th day of November 2018, upon considering Plaintiffs Complaint seeking judicial review of the denial of social security benefits (ECF Doc. No. 3), the Commissioner's Response (ECF Doc. No. 7), Plaintiffs Brief and statement of issues (ECF Doc. No. 11), the Commissioner's Opposition (ECF Doc. No. 12), Plaintiffs Reply (ECF Doc. No. 15), and for reasons in the accompanying Memorandum, it is ORDERED: 1. Plaintiffs Motion and Reque
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 30 th day of November 2018, upon considering Plaintiffs Complaint seeking judicial review of the denial of social security benefits (ECF Doc. No. 3), the Commissioner's Response (ECF Doc. No. 7), Plaintiffs Brief and statement of issues (ECF Doc. No. 11), the Commissioner's Opposition (ECF Doc. No. 12), Plaintiffs Reply (ECF Doc. No. 15), and for reasons in the accompanying Memorandum, it is ORDERED: 1. Plaintiffs Motion and Reques..
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ORDER
MARK A. KEARNEY, District Judge.
AND NOW, this 30th day of November 2018, upon considering Plaintiffs Complaint seeking judicial review of the denial of social security benefits (ECF Doc. No. 3), the Commissioner's Response (ECF Doc. No. 7), Plaintiffs Brief and statement of issues (ECF Doc. No. 11), the Commissioner's Opposition (ECF Doc. No. 12), Plaintiffs Reply (ECF Doc. No. 15), and for reasons in the accompanying Memorandum, it is ORDERED:
1. Plaintiffs Motion and Request for review (ECF Doc. No. 11) is GRANTED in part for limited remand and DENIED in part;
2. We remand to the Commissioner for expedited further evaluation of: (1) the apparent conflict between Vocational Expert Kristal-Turetsky's testimony Mr. Ellis could not carry out detailed instructions and the finding Mr. Ellis could carry out work requiring level two reasoning; (2) whether Mr. Ellis's knee and back impairments medically equal any of the Listed Impairments, to be accompanied by a discussion of the medical evidence supporting such a finding; and, (3) the assessments of Drs. Bowden and Mullin;
3. Under Fed.R.Civ.P. 1 and mindful Mr. Ellis applied for benefits almost five years ago, the Commissioner shall promptly schedule a renewed hearing and shall file status memoranda on the progress of resolving Mr. Ellis's application for benefits on February 28, 2019, May 28, 2019 and every sixty days thereafter until resolved or returned for our further review of the next reasoned decision; and,
4. The Clerk of Court shall close this case for statistical purposes.