Summary
In Shoemake, the claimant's treating surgeon "clearly explained how Shoemake's obesity... caused functional limitations," and "tied specific physical limitation and restrictions to" both obesity and his other impairments.
Summary of this case from Beggs v. ColvinOpinion
CIVIL ACTION NO. 2:12-CV-02743
11-21-2013
THOMAS EUGENE SHOEMAKE, JR., Appellant v. COMMISSIONER OF SOCIAL SECURITY, Appellee
JUDGE JAMES T. TRIMBLE
MAGISTRATE JUDGE JAMES D. KIRK
JUDGMENT
For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, noting the absence of objections thereto, and concurring with the Magistrate Judge's findings under the applicable law;
IT IS ORDERED that Shoemake's appeal is GRANTED, the final decision of the Commissioner is VACATED, and the case is REMANDED to the Commissioner for a determination of Shoemake's correct residual functional capacity both before and after his most recent shoulder and hip operations, and to determine whether there are any jobs which Shoemake can perform given his true impairments.
THUS ORDERED AND SIGNED in Chambers at ________________, Louisiana, on this 21th day of November 2013.
________________________
JAMES T. TRIMBLE, JR.
UNITED STATES DISTRICT JUDGE