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10-665 - YORK v. COLVIN


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10-665 - YORK v. COLVIN
February 3, 2014
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MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. Signed by L. PATRICK AULD on 2/3/2014, recommending that Defendant's decision finding no disability be reversed and that the matter be remanded under sentence four of 42 U.S.C. ยง 405(g), for further administrative proceedings: 1) to re-evaluate the medical opinion of Dr. David S. Jones; 2) if such re-evaluation results in the inclusion of additional limitations in Plaintiff's RFC, to assess whether Plaintiff retained the ability to return to his past relevant work prior to his last date insured; and 3) if Plaintiff could not have returned to such work, to consult a VE to determine the impact of those additional limitations on the number of available jobs that Plaintiff could have performed. As a result, Defendant's Motion for Judgment on the Pleadings (Docket Entry 11) should be denied and Plaintiff's Motion for Summary Judgment (Docket Entry 9) should be granted in part and denied in part, in that the Court should remand the case for further administrative proceedings, but should not order an immediate award of benefits. (Daniel, J)