Opinion
Case No. 2:04cv1058BSJ.
August 15, 2005
Jay Barnes, Bradford D. Myler, MYLER LAW OFFICES, Orem, UT, Attorneys for Plaintiff.
Scott Bates, Esq., Assistant United States Attorney, UNITED STATES ATTORNEY'S OFFICE for the Social Security Administration.
ORDER REMANDING THE CASE TO THE COMMISSIONER OF SOCIAL SECURITY
The above named case being fully briefed and heard by the Court on June 27, 2005, it is therefore ORDERED, ADJUDGED, AND DECREED
1. That the Plaintiff's request for the Court to remand the Commissioner's decision for further proceedings is GRANTED.
2. That upon remand the Commissioner will fully consider Plaintiff's non-compliance with prescribed medical treatment, specifically his refusal to take prescribed medications, as a factor of disability.
3. That upon remand the Commissioner will fully consider the opinions of Plaintiff's treating physicians and provide specific and legitimate reasons for rejecting the opinions the Plaintiff's treating physicians if such are rejected.
4. That upon remand the Commissioner will provide clear and convincing reasons for rejecting including specific reference to contradictory evidence if the Commissioner determines that Plaintiff is not credible.
THEREFORE, this matter is remanded to the Commissioner pursuant to sentence four of 42 U.S.C. Section 405(g) for further administrative proceedings.