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Phelps v. Berryhill

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN
Aug 14, 2017
Case No. 3:17-cv-199-jdp (W.D. Wis. Aug. 14, 2017)

Opinion

Case No. 3:17-cv-199-jdp

08-14-2017

MICHAEL PHELPS, Plaintiff, v. NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.


ORDER ON THE PARTIES' JOINT MOTION FOR REMAND FOR FURTHER PROCEEDINGS PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)

Pursuant to the power of this Court to enter a judgment affirming, modifying or reversing the Commissioner's decision with remand in Social Security actions under sentence four of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), and in light of the parties' joint motion to remand this action, this Court now, upon substantive review, hereby enters a judgment under sentence four of 42 U.S.C. § 405(g) reversing the Commissioner's decision with a remand of the cause to the Commissioner according to the following terms. See Shalala v. Schaefer, 509 U.S. 292, 296 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 97-98 (1991).

On remand, an Administrative Law Judge (ALJ) will evaluate the opinion of Catherine Bard, Psy.D.; further evaluate the claimant's mental impairments, and in doing so, obtain evidence from a medical expert to clarify the nature, severity, and functional limitations of the claimant's mental impairments with and without substance abuse; further assess the claimant's residual functional capacity; further evaluate the medical opinion evidence; and if warranted, obtain supplemental vocational expert evidence.

SO ORDERED this 14TH day of AUGUST, 2017.

/s/_________

Honorable James D. Peterson

Chief District Judge


Summaries of

Phelps v. Berryhill

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN
Aug 14, 2017
Case No. 3:17-cv-199-jdp (W.D. Wis. Aug. 14, 2017)
Case details for

Phelps v. Berryhill

Case Details

Full title:MICHAEL PHELPS, Plaintiff, v. NANCY A. BERRYHILL, ACTING COMMISSIONER OF…

Court:UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

Date published: Aug 14, 2017

Citations

Case No. 3:17-cv-199-jdp (W.D. Wis. Aug. 14, 2017)