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:

  1. 1)  The ALJ failed to address medical source statements from Drs. Feldstein, Bodziner, and Adams.

  2. 2)  The ALJ erred in evaluating the opinions of the multiple examining and treating medical sources.

  3. 3)  The appeals council erroneously rejected the opinion of Dr. Nagelberg as not relevant.

  4. 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.