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17-125 - Roark v. SSA


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17-125 - Roark v. SSA
January 25, 2018
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MEMORANDUM OPINION & ORDER: (1) Plas Motion for Summary Judgment (Doc. #9) is GRANTED; (2) Dfts Motion for Summary Judgment (Doc. #11) is DENIED; (3) Action REMANDED to Commissioner under Sentence Four of 42:405(g), with instructions to conduct a new hearing and create an administrative transcript, free of procedural deficiencies. The ALJ is further instructed to consider and adequately address errors in Step Four analysis, including previous past-relevant-work conclusion, which conflicts with lifting, standing, and walking limitations incorporated into Plas RFC and VE's testimony. The ALJ shall then proceed to Step Five, if required by revised Step Four analysis; and (4) Judgment will be entered contemporaneously herewith. Signed by Judge David L. Bunning on 1/25/2018. (TDA) cc: COR
January 25, 2018
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JUDGMENT: (1) administrative decision is REVERSED, and action is REMANDED for further consideration by Commissioner; (2) On remand, ALJ shall conduct a new hearing and create an administrative transcript, free of procedural deficiencies. ALJ also consider and address errors in Step Four analysis, including past-relevant-work conclusion, which conflicts with lifting, standing, and walking limitations that were incorporated into RFC and VE's testimony. ALJ shall then proceed to Step Five, if required by revised Step Four analysis. (3) Action is STRICKEN from Court's active docket. Signed by Judge David L. Bunning on 1/25/2018. (TDA) cc: COR
April 12, 2018
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MEMORANDUM ORDER: Pla Mark Roark's Motion for Attorney's Fees 14 is GRANTED, and Pla is awarded attorney's fees in the amount of $1,625.00 for his attorney's work and $400.00 for costs. Signed by Judge David L. Bunning on 4/12/2018. (RCB)cc: COR