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15-219 - CHERRY v. COLVIN


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15-219 - CHERRY v. COLVIN
June 14, 2016
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ENTRY REVIEWING THE COMMISSIONER'S DECISION - Plaintiff Rachelle M. Cherry applied for disability and disability insurance benefits from the Social Security Administration ("SSA") in July 2012, alleging an onset date of June 2012. [Filing No. 12-2 at 15.] Her applications were denied initially on September 12, 2012, and upon reconsideration on October 29, 2012. [Filing No. 12-4 at 2; Filing No. 12-4 at 7.] Administrative Law Judge ("ALJ") William E. Sampson held a hearing on January 27, 2014, and issued a decision on February 13, 2014, concluding that Ms. Cherry was not entitled to receive benefits. [Filing No. 12-2 at 15- 24.] The Appeals Council denied review on April 14, 2015. [Filing No. 12-2 at 7.] Ms. Cherry then filed this civil action, asking the Court to review the denial of benefits pursuant to 42 U.S.C. § 405(g). [Filing No. 1.] For the reasons stated herein, the Court VACATES the ALJ's decision denying Ms. Cherry's benefits and REMANDS this matter for further proceedings pursuant to 42 U.S.C. § 405(g) (sentence four). Final judgment shall issue accordingly. On remand, the ALJ should analyze whether Ms. Cherry meets or equals Listing 12.04C, consider Ms. Cherry's moderate limitations of concentration, persistence, or pace into the hypotheticals posed to the VE and in the 12 RFC determination, and supplement the record with medical evidence from Younity Village and Ms. Cherry's therapist. (See Entry.) Signed by Judge Jane Magnus-Stinson on 6/14/2016.(RSF)