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15-1412 - Beringer v. Colvin


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15-1412 - Beringer v. Colvin
September 13, 2016
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the relief which Plaintiff seeks in his Complaint and Brief in Support of Plaintiffs Complaint is GRANTED in part and DENIED in part. [Docs. 1, 15, 22.] IT IS FURTHER ORDERED that the Commissioners decision of March 4, 2014 is REVERSED and REMANDED to re-examine whether the Commissioner has met its burden at step five to show that Beringer maintains the RFC to perform a significant number of jobs in the national economy. The ALJ must obtain vocational expert testimony, either live or in written form, that addresses the reasonable basis for the vocational experts testimony whether based on the DOT or some other source. IT IS FURTHER ORDERED that a Judgment of Reversal and Remand will be filed contemporaneously with this Memorandum and Order remanding this case to the Commissioner of Social Security for further consideration pursuant to 42 U.S.C. ยง 405(g), sentence 4. Signed by Magistrate Judge Nannette A. Baker on 9/13/16. (KJS)
January 17, 2017
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs Motion for Attorneys Fees under the Equal Access to Justice Act is GRANTED in part and DENIED in part. [Doc. 29.] IT IS FURTHER ORDERED that the Social Security Administration shall remit to David D. Camp attorneys fees in the amount of $7,000.00, subject to any pre- existing debt that the Plaintiff owes to the United States. Signed by Magistrate Judge Nannette A. Baker on 1/17/17. (KJS)