Opinion

WHITE-BROWN v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER

Court
District Court, D. Maine
Filed
Mar 13, 2023
Cited by
0 cases
Authority
More cited than 23.3%

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF MAINE

ERIC W. WHITE-BROWN, Civil No.: 2:22-cv-00316-GZS

Plaintiff,

v.

KILOLO KIJAKAZI,

Acting Commissioner of Social Security,

Defendant. March 13, 2023

ORDER

Pursuant to the power of this Court to enter a judgment affirming, modifying

or reversing the Commissioner’s decision with remand in Social Security actions

under sentence four of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g),

and in light of the government’s request to remand this action for further

administrative proceedings by the Appeals Council.

IT IS HEREBY ORDERED that this case be remand to Social Security

Administration for further administrative proceedings. Upon the remand of this

case by the Court, the Appeals Council will remand the case to an administrative

law judge (ALJ) who will be directed to provide Plaintiff with the opportunity for a

new hearing and obtain additional evidence concerning Plaintiff’s impairments in

order to complete the administrative record (20 C.F.R. 404.1512), including, if

warranted and available, evidence from a medical expert related to the nature and

severity of and functional limitations resulting from Plaintiff’s impairments (20

C.F.R. § 404.1513a(b)(2)). Upon remand, the Appeals Council will also instruct the

ALJ to, if warranted, give further consideration to Plaintiff’s maximum residual

functional capacity with appropriate rationale and specific references to evidence of

record in support of the assessed limitations (20 C.F.R. § 404.1545 and Social

Security Ruling 96-8p). The Appeals Council will also instruct the ALJ to, if

warranted, obtain supplemental evidence from a vocational expert to clarify the

effect of the assessed limitations on Plaintiff’s occupational base and identify

examples of appropriate jobs and to state the incidence of such jobs in the national

economy (20 C.F.R. § 404.1566 and Social Security Ruling 83-14). In so doing, before

relying on the vocational expert evidence, the ALJ will be instructed to elicit a

reasonable explanation for any conflicts between the vocational expert evidence and

the Dictionary of Occupational Titles; and issue a new decision.

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 the court will enter a separate judgment

pursuant to Rule 58 of the Federal Rules of Civil Procedure.

SO ORDERED.

/s/ George Z. Singal

United States District Judge

Dated this 13th day of March, 2023.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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