Opinion
CIVIL ACTION NO. 2:16-cv-2078-MEF
03-28-2017
REBECCA D. LINTON PLAINTIFF v. NANCY A. BERRYHILL, Acting Commissioner Social Security Administration DEFENDANT
FINAL JUDGMENT
This cause is before the Court on the Plaintiff's complaint for judicial review of an unfavorable final decision of the Commissioner of the Social Security Administration denying her claim for disability benefits. The parties have consented to entry of final judgment by the United States Magistrate Judge under the provisions of 28 U.S.C. § 636(c). The Court, having reviewed the administrative record, the briefs of the parties, the applicable law, and oral argument having been waived, finds as follows, to-wit:
Consistent with the Court's ruling from the bench, the decision of the Commissioner of Social Security is reversed and remanded for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).
On remand, the ALJ is directed to obtain an RFC assessment from Plaintiff's treating cardiologist to assess the effects of Plaintiff's shortness of breath, fluid retention, cardiomyopathy, and atrial fibrillation on her ability to complete an eight-hour workday. If the ALJ is unable to obtain an assessment from Plaintiff's cardiologist, he is directed to order a consultative cardiac examination, complete with an RFC assessment.
IT IS SO ORDERED AND ADJUDGED on this the 28th day of March, 2017.
/s/_________
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE