Burke v. Berryhill, No. 4:17-cv-00207-JRH-GRS (S.D. Ga. *) (Order by Judge J. Randall Hall)
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Included: Plaintiff’s Brief and Motion to Remand
Issue Briefed:
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1) The ALJ failed to address medical source statements from Drs. Feldstein, Bodziner, and Adams.
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2) The ALJ erred in evaluating the opinions of the multiple examining and treating medical sources.
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3) The appeals council erroneously rejected the opinion of Dr. Nagelberg as not relevant.
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4) The ALJ erred in rejecting Mr. Burke’s allegations of pain and limitations and failing to address the statement of his former employer.
After Plaintiff filed his brief, the Commissioner sought a voluntary remand. In support of this remand request, the Commissioner asserted:
Upon remand, the Administrative Law Judge will consider the additional evidence submitted and update the record pursuant to 20 CFR §§ 404.1512 and 416.912; re- evaluate the opinion evidence, particularly the opinions from Dr. Feldstein, Dr. Adams, Dr. Washington, Dr. Amo, Dr. Jonas, Dr. Rucker, and Dr. Cannon; re-consider the claimant’s mental impairments under Listing 12.05; evaluate the lay opinion from the
claimant’s former employer in Exhibit C21E; re-assess the claimant’s residual functional capacity; proceed through the sequential evaluation process as needed and appropriate based on the updated record; take any further action to complete the administrative record; offer the claimant the opportunity for a hearing; and issue a new decision.