Current v. Colvin (S.D. Fla. Aug. 7, 2017) (Magistrate Judge Barry S. Seltzer)
Included: Plaintiff’s Brief, Plaintiff’s Reply Brief, Commissioner’s Motion to Remand, and Order
1) The ALJ failed to properly evaluate the impact of Ms. Current’s severe impairments on her residual functional capacity.
2) The ALJ did not set forth an adequate assessment of Ms. Current’s subjective complaints and credibility.
3) The ALJ’s assessment of the medical opinions of record is unsustainable.
After the case was briefed, United States Magistrate Judge Barry S. Seltzer conducted oral argument and at the conclusion of the oral argument, the Magistrate Judge encouraged the parties to seek to reach agreement, which they did, as reflected in the Commissioner’s Unopposed Motion and Incorporated Memorandum of Support for Entry of Judgment with Remand. In this Motion, the Commissioner sought a remand to the Commissioner with instructions that:
[o]n remand, the Commissioner will further evaluate the nature, severity, and resulting limitations of Plaintiff’s fibromyalgia; reconsider the opinion of Alex Lam, M.D.; and further evaluate Plaintiff’s subjective complaints. The Commissioner will also reconsider Plaintiff’s residual functional capacity; if necessary, obtain vocational expert testimony in determining the effects of any significant non-exertional limitations; take any further action as necessary to complete the administrative record; and issue a new determination and decision.