Greenwood v. Social Security Administration, No. 3:2016cv00211 - Document 17 (E.D. Ark. 2017)

Court Description: MEMORANDUM OPINION AND ORDER reversing the Commissioner's decision, and remanding this case. The remand in this case is a "sentence four" remand. Judgment will be entered for Greenwood. Signed by Magistrate Judge Patricia S. Harris on 4/3/2017. (kdr)
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Greenwood v. Social Security Administration Doc. 17 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION TERRI GREENWOOD PLAINTIFF v. NO. 3:16-cv-00211 PSH NANCY A. BERRYHILL, Act ing Commissioner of t he Social Securit y Administ rat ion DEFENDANT MEMORANDUM OPINION AND ORDER Plaint iff Terri Greenwood (“ Greenwood” ) began t his case by filing a complaint pursuant t o 42 U.S.C. 405(g). In t he complaint , she challenged t he final decision of t he Act ing Commissioner of t he Social Securit y Administ rat ion (“ Commissioner” ), a decision based upon findings made by an Administ rat ive Law Judge (“ ALJ” ). Greenwood maint ains t hat t he ALJ’ s findings are not support ed by subst ant ial evidence on t he record as a whole. 1 It is Greenwood’ s posit ion t hat her residual funct ional capacit y was not properly assessed. She so maint ains for t wo reasons, one of which has merit . Greenwood maint ains t hat t he “ meager ment al limit at ions” found by t he ALJ are not support ed by t he record. See Document 12 at CM/ ECF 16. For t he reasons t hat follow, t he Court agrees. 1 The quest ion for t he Court is whet her t he ALJ’ s findings are support ed by subst ant ial evidence on t he record as a whole. “ Subst ant ial evidence means less t han a preponderance but enough t hat a reasonable person would find it adequat e t o support t he decision.” See Boet t cher v. Ast rue, 652 F.3d 860, 863 (8t h Cir. 2011). Dockets.Justia.com The ALJ is required t o assess t he claimant ’ s residual funct ional capacit y, which is a det erminat ion of “ t he most a person can do despit e t hat person’ s limit at ions.” See Brown v. Barnhart , 390 F.3d 535, 538-39 (8t h Cir. 2004). The assessment is made using all of t he relevant evidence in t he record, but t he assessment must be support ed by some medical evidence. See Wildman v. Ast rue, 596 F.3d 959 (8t h Cir. 2010). Greenwood alleges t hat she became disabled beginning on January 19, 2010. She filed her applicat ion seeking supplement al securit y income payment s on February 20, 2014, and t he ALJ denied t he applicat ion on June 25, 2015. The Commissioner correct ly maint ains t hat supplement al securit y income payment s are not payable for any period prior t o t he filing dat e of t he applicat ion seeking such payment s. The Commissioner t herefore maint ains, and t he Court agrees, t hat t he relevant t ime period in t his case is from t he filing dat e of t he applicat ion, i.e., February 20, 2014, t hrough t he dat e of t he ALJ’ s decision, i.e., June 25, 2015. Alt hough evidence prior t o February 20, 2014, is out side t he relevant period, t he evidence will nevert heless be reviewed in order t o place Greenwood’ s ment al limit at ions in t he proper cont ext . The evidence relevant t o Greenwood’ s ment al impairment s reflect s t hat she began seeing Dr. Larry Felt s, M.D. (“ Felt s” ) at least as early as January 19, 2009, for complaint s t hat included depression, anxiet y, panic at t acks, and problemat ic relat ionships. See Transcript at 412. At t hat t ime, she was t aking prescript ion medicat ion for depression, anxiet y, and psychosis, and t he medicat ion was helping t o relieve her sympt oms. Greenwood t hereaft er saw Felt s on what appears t o have been t went y occasions -2- t hrough November 19, 2013. See Transcript at 411 (04/ 07/ 2009), 410 (07/ 06/ 2009), 409 (10/ 05/ 2009), 408 (01/ 04/ 2010), 407 (03/ 29/ 2010), 406 (06/ 17/ 2010), 405 (09/ 09/ 2010), 404 (12/ 02/ 2010), 403 (02/ 28/ 2011), 402 (05/ 26/ 2011), 399 (09/ 21/ 2011), 398 (12/ 15/ 2011), 397 (03/ 14/ 2012), 396 (07/ 10/ 2012), 395 (09/ 07/ 2012), 394 (12/ 05/ 2012), 393 (02/ 28/ 2013), 392 (05/ 24/ 2013), 391 (08/ 22/ 2013), 390 (11/ 19/ 2013). The progress not es reflect t hat alt hough Greenwood cont inued t o complain of depression, anxiet y, panic at t acks, and problemat ic relat ionships, t he severit y of her ment al problems fluct uat ed. Felt s repeat edly diagnosed a bipolar disorder and an anxiet y disorder and cont inued Greenwood on medicat ion for her ment al problems. On February 11, 2014, Felt s signed a “ To Whom It May Concern” let t er in which he addressed Greenwood’ s limit at ions caused by her ment al impairment s. In t he let t er, he represent ed t he following: ... I have been t reat ing [Greenwood] for Bipolar Disorder Mixed wit h Psychot ic Feat ures and Anxiet y Disorder NOS. She has t rouble maint aining t he st abilit y of her mood. Manic irrit abilit y, pressured speech, and conflict s wit h peers lead t o her losing her j ob as a cafet eria worker in t he past . She get s paranoid at t imes, as well as anxious, obsessively worried, and impulsive. Concent rat ion and memory are poor. Panic at t acks are less frequent wit h t he help of medicat ion, but st ill cause episodes of hypervent ilat ing, short ness of breat h, t achycardia, t remors, et c. Overall, her condit ion limit s her abilit y t o funct ion at any j ob. Her condit ion is chronic and prognosis is poor. See Transcript at 388. Greenwood t hereaft er saw Felt s on what appears t o have been five occasions -3- bet ween February 17, 2014, and December 9, 2014. See Transcript at 389 (02/ 17/ 2014), 387 (03/ 17/ 2014), 385 (06/ 12/ 2014), 384 (09/ 10/ 2014), 383 (12/ 09/ 2014). The progress not es reflect t hat her ment al sympt oms st abilized and even improved despit e family difficult ies. 2 For inst ance, t he June 12, 2014, progress not es reflect s t hat Greenwood was living by herself and managing her act ivit ies of daily living. She report ed t hat Xanax was helping her panic at t acks. See Transcript at 385. The Sept ember 10, 2014, progress not e reflect s t hat she was doing bet t er. See Transcript at 384. On June 3, 2014, Greenwood was seen by Dr. Samuel Hest er, Ph.D. (“ Hest er” ) for a ment al diagnost ic evaluat ion. See Transcript at 321-329. He recorded her medical hist ory and not ed, int er alia, her complaint s of, int er alia, anxiet y and insomnia. She report ed having been sexually and physically abused as a child. She addit ionally report ed t hat her fat her was a “ physically abusive alcoholic,” and t here was “ a lot of drama always in t he family.” See Transcript at 321. She was t aking Abilify, Trazodone, Xanax, Gabapent in, and Mobic, and she report ed t hat t he medicat ion “ [kept ] her sympt oms relat ively well cont rolled.” See Transcript at 321. Wit h specific regard t o her anxiet y, she report ed t hat t he medicat ion “ likely causes more sedat ion and let hargy rat her t han allowing anxiet y t o occur.” See Transcript at 321-322. Hest er observed t hat Greenwood was appropriat ely dressed and groomed, her at t it ude was good and cooperat ive, her 2 The December 9, 2014, progress not e reflect s t hat Greenwood was having t ransport at ion issues, her sixt een-year-old daught er was pregnant , and Greenwood’ s son was incarcerat ed. See Transcript 383. During t he period, Greenwood was also alleged t o have offered t o t rade Xanax for “ pain pills.” See Transcript at 386. She denied t he allegat ion, t hough. See Transcript at 45-46. -4- mood did not appear t o be depressed or anxious, and her affect was “ appropriat e t o mood” but “ seemed a lit t le dulled by all t he medicat ions.” See Transcript at 323. He addit ionally observed t hat her speech did not show any abnormalit ies; her t hought process was logical; and her t hought cont ent did not display any “ overvalued ideas, no bizarre obsession, [or] preoccupat ions.” See Transcript at 324. He observed t hat she was alert and fully orient ed in all spheres. His diagnoses included t he following impairment s: post -t raumat ic st ress disorder, a depressive disorder, and a pain disorder. Wit h respect t o t he effect s of her ment al impairment s on her adapt ive funct ioning, he found t he following: 1. How do ment al impairment s int erfere wit h t his person’ s day t o day adapt ive funct ioning? ... [Greenwood] was able t o drive unfamiliar rout es. [She] was report edly able t o perform most [act ivit ies of daily living] aut onomously. She does her own shopping and bill paying. She does not part icipat e in social groups. 2. Capacit y t o communicat e and int eract in a socially adequat e manner?... [She] has t he capacit y t o communicat e and int eract in a socially adequat e manner. 3. Capacit y t o communicat e in an int elligible and effect ive manner? [She] has t he capacit y t o communicat e in an int elligible and effect ive manner. 4. Capacit y t o cope wit h t he t ypical ment al/ cognit ive demands of basic work-like t asks? [Greenwood] can cope wit h t he ment al demands of basic work t asks. 5. Abilit y t o at t end and sust ain concent rat ion on basic t asks? [She] has t he abilit y t o at t end and sust ain concent rat ion on basic t asks. 6. Capacit y t o sust ain persist ence in complet ing t asks? [She] has t he abilit y t o sust ain persist ence in complet ing t asks. -5- 7. Capacit y t o complet e work-like t asks wit hin an accept able t ime frame? [Greenwood] can complet e work t asks wit hin an accept able t imeframe unless pain issues and all t he sedat ing side effect s of current medicat ion regimen slow her t oo much. See Transcript at 326-327. Greenwood saw Felt s again on February 20, 2015. See Transcript 434-438. He recorded her complaint s and medical hist ory t o include t he following: ... Greenwood is a 52-year-old whit e female who is living alone and in t he process of get t ing a divorce she’ s had chronic difficult ies wit h anxiet y and depression mania and paranoid current ly her chief complaint is sleep loss she says t hat she is averaging 4 or 5 hours of sleep per night ... ... Greenwood has had chronic problems wit h back pain she is overweight and is t rying t o lose weight inst ead of having back surgery and she is wat ching her diet and walking regularly she plans t o have a gast ric sleeve placed t o assist in losing weight . In t he past ... Greenwood has had radical mood swings at t imes she would be manic wit h racing t hought s and flight of ideas lot s of impulsive behaviors and at ot her t imes she will be down and depressed and socially wit hdrawn and fat igued lack of mot ivat ion however she is not been suicidal t here are t imes when she has been paranoid feeling t hat people are wat ching here and t alking about her et c. she has panic at t acks t hat have been quit e severe at t imes current ly alprazolam 2 mg 3 t imes a day has been reducing t he severit y and durat ion of t he panic at t acks Abilify 5 mg daily at bedt ime is helping wit h depression and mania and paranoia t razodone has helped wit h t he depression 150 mg at bedt ime seems t o be ... working well however since she is st ill having t rouble sleeping I will add Ambien 10 mg daily at bedt ime she is given a mont h’ s prescript ion wit h 2 refills she will cont inue individual psychot herapy and ret urn for med management in 3 mont hs. See Transcript at 434. Felt s observed t hat Greenwood’ s grooming was good, her affect -6- was appropriat e, her mood was eut hymic, and her t hought process was logical. He also observed t hat her orient at ion was good for person/ place/ t ime, her memory and concent rat ion were good, and her j udgment appeared t o be normal. He not ed t hat her act ivit ies and/ or hobbies included “ minist ering t o ot hers [and] wat ching TV.” See Transcript at 435. His diagnoses remained unchanged, i.e., he cont inued t o diagnose a bipolar disorder and an anxiet y disorder, and he cont inued t o t reat her wit h medicat ion. On April 27, 2015, Felt s signed a medical source st at ement -ment al in which he addressed Greenwood’ s ment al limit at ions. See Transcript at 427-428. He opined t hat she has ext reme limit at ions in t he following t wo respect s: 1) t he abilit y t o perform act ivit ies wit hin a schedule, maint ain regular at t endance, and be punct ual wit h cust omary t olerances; and 2) t he abilit y t o complet e a normal workday and workweek wit hout int errupt ions from psychologically based sympt oms and t o perform at a consist ent pace wit hout an unreasonable number and lengt h of rest periods. He also opined t hat she has numerous marked limit at ions, limit at ions t hat include t he following: 1) t he abilit y t o remember locat ions and work-like procedures, 2) t he abilit y t o carry out very short inst ruct ions, 3) t he abilit y t o maint ain at t ent ion and concent rat ion for ext ended periods, 4) t he abilit y t o accept inst ruct ions and respond appropriat ely t o crit icism from supervisors, and 5) t he abilit y t o respond appropriat ely t o changes in t he work set t ing. Felt s opined t hat Greenwood’ s ment al impairment s would cause her t o be absent from work more t han t hree days a mont h. -7- Greenwood saw Felt s again on May 11, 2015. See Transcript 430-433. 3 He not ed t hat she had been psychot ic in t he past but medicat ion was helping cont rol her sympt oms. He also not ed t hat while her mood swings had grown less severe, “ she st ill has panic at t acks and t hese get worse if she get s around crowds of people ...” See Transcript at 430. He observed t hat her grooming was good, her t hought process was logical, and her memory and concent rat ion were fair. He observed, t hough, t hat her affect was blunt ed, and her mood was anxious. His diagnoses and medicat ion regimen remained unchanged. Greenwood’ s medical records were reviewed by st at e agency medical consult ant s. See Transcript at 62-74, 76-91. The consult ant s opined t hat Greenwood’ s ment al impairment s were such t hat she has mild rest rict ions in act ivit ies of daily living; mild difficult ies in maint aining social funct ioning; moderat e difficult ies in maint aining concent rat ion, persist ence, or pace; and had no episodes of decompensat ion, each of an ext ended durat ion. Greenwood complet ed a series of document s in connect ion wit h her claim for supplement al securit y income payment s. See Transcript at 168-176, 177-184, 185-186, 187-188. In t he document s, she represent ed, int er alia, t hat she has difficult y remembering, concent rat ing, underst anding, complet ing t asks, and following inst ruct ions. 3 The progress not e refers t o a “ Cait lin Wood.” See Transcript at 430. The Court assumes t hat t he reference is a t ypographical error. -8- The record cont ains a summary of Greenwood’ s report able earnings. See Transcript at 160-164. The summary reflect s t hat her earnings were minimal bet ween 1978 and 2011, save t he years bet ween 1990 and 1992. Greenwood t est ified during t he administ rat ive hearing. See Transcript at 38-55. She was born on March 10, 1962, and was fift y-t hree years old at t he t ime of t he hearing. She has been married five t imes but now lives by herself. She has a driver’ s license but she does not have an aut omobile. Wit h respect t o Greenwood’ s ment al st at e, she t est ified t hat she sees a t herapist from Felt s’ office once a week. When Greenwood was asked how she is doing ment ally, she answered as follows: “ Well, you know, he–I j ust t ake my medicine like I’ m supposed t o. And, like I said, I live by myself. I guess I’ m doing okay t here. You know, I do what he [i.e., Felt s] t ells me t o do.” See Transcript at 44. When asked how she spends her days, she t est ified as follows: “ Well, I get up, t ake a shower, get dressed, eat my breakfast . I’ m at home by myself all t he t ime. I don’ t have a vehicle. So I don’ t have–I can’ t go walk very far or anyt hing. I had t o have someone give me a ride here.” See Transcript at 44. Greenwood lat er added t he following: ... I usually get up, t ake a shower, and make myself somet hing t o eat . And t hen I read my Bible. Then I–I’ m j ust at home. You know, I don’ t have cable TV or anyt hing like t hat . I wat ch VHS t apes, movies, and read. If I have t o vacuum once a week, I vacuum. I don’ t have a lot of picking up t o do because it ’ s j ust me. You know, t hat ’ s–I don’ t have t o clean up aft er a houseful of people. I’ m not able t o do t hat anyway. So I j ust do what I can. See Transcript at 52-53. -9- The ALJ found at st ep t wo of t he sequent ial evaluat ion process t hat Greenwood’ s severe impairment s include a depressive disorder, an anxiet y disorder, and a somat oform disorder. The ALJ assessed Greenwood’ s residual funct ional capacit y and found t hat she can perform light work but wit h t he following limit at ion caused by her ment al impairment s: “ [she] is limit ed t o det ailed, but not complex t asks involving t hree or four st eps, but wit h several variables.” See Transcript at 19. 4 In so finding, t he ALJ gave lit t le weight t o Felt s’ opinions because t hey were “ inconsist ent wit h [Greenwood’ s] report s, t est imony, and regular psychiat ric records.” See Transcript at 23, 24, 25. The ALJ gave great weight , t hough, t o Hest er’ s opinions because t hey were “ consist ent wit h [Greenwood’ s] report s and t est imony.” See Transcript at 24. The ALJ also gave great weight t o t he opinions of t he st at e agency medical consult ant s. Greenwood maint ains t hat t he meager ment al limit at ions found by t he ALJ are not support ed by t he record. Greenwood so maint ains primarily for t wo reasons. She first maint ains t hat t he ALJ improperly weighed Felt s and Hest er’ s opinions. “ It is t he ALJ’ s funct ion t o resolve conflict s among t he various t reat ing and examining physicians.” See Bent ley v. Shalala, 52 F.3d 784, 785 (8t h Cir. 1995) [int ernal quot at ion omit t ed]. A t reat ing physician’ s medical opinions are given cont rolling weight if t hey are well-support ed by medically accept able clinical and laborat ory diagnost ic t echniques and are not inconsist ent wit h t he ot her subst ant ial evidence. See Choat e v. 4 The ALJ found at st ep four t hat Greenwood is unable t o perform her past relevant work but found at st ep five t hat t here is ot her work she can perform. The ALJ concluded t hat Greenwood was not disabled. -10- Barnhart , 457 F.3d 865 (8t h Cir. 2006). The ALJ may discount a t reat ing physician’ s medical opinions and credit a one-t ime consult ing physician’ s opinions where t he former renders inconsist ent opinions t hat undermine t he credibilit y of such opinions or where t he lat t er’ s opinions are support ed by “ bet t er or more t horough medical evidence.” See Anderson v. Barnhart , 344 F.3d 809, 813 (8t h Cir. 2003). The ALJ’ s decision t o give lit t le weight t o Felt s’ opinions but give great weight t o Hest er’ s opinions is not somet hing t he Court t akes light ly. A t reat ing physician like Felt s is usually more familiar wit h a claimant ’ s medical condit ion t han are ot her physicians. See Thomas v. Sullivan, 928 F.2d 255 (8t h Cir. 1991). The proposit ion is cert ainly t rue in t his inst ance as Felt s saw Greenwood on what appears t o have been t went y-seven occasions before offering t he April 27, 2015, medical source st at ement , and Hest er only saw Greenwood one t ime. On t he record now before t he Court , it cannot be said t hat subst ant ial evidence on t he record as a whole support s t he weight given Felt s and Hest er’ s opinions. The Court so finds for t he following reasons. First , t he reasons t he ALJ gave for discount ing Felt s’ opinions are not part icularly compelling. The ALJ discount ed t he opinions because t hey were “ inconsist ent wit h [Greenwood’ s] report s, t est imony, and regular psychiat ric records.” See Transcript at 23, 24, 25. Admit t edly, Greenwood’ s t est imony regarding her ment al st at e was not remarkable, e.g., she guessed she was doing “ okay.” See Transcript at 44. Greenwood’ s report s and t he t reat ment record complied by Felt s, t hough, are consist ent wit h his opinions t hat she has significant ment al limit at ions. Time and again, he recorded her -11- complaint s of depression, anxiet y, panic at t acks, and problemat ic relat ionships. He obviously credit ed her complaint s because he prescribed st rong medicat ion t o t reat her sympt oms. Her sympt oms fluct uat ed over t ime, and it is conceivable t hat her sympt oms were less severe at t he t ime she was seen by Hest er. As Greenwood correct ly not es, “ [i]t is inherent in psychot ic illnesses t hat periods of remission will occur,” and such periods do not mean t he disabilit y has ceased. See Document 12 at CM/ ECF 21 [quot ing Andler v. Chat er, 100 F.3d 1389, 1393 (8t h Cir. 1996) [int ernal quot at ions omit t ed]. Second, t he record as a whole does not est ablish t hat Felt s rendered inconsist ent opinions about Greenwood’ s ment al impairment s and t heir affect on her abilit y t o funct ion. Alt hough it is t rue t hat his progress not es cont ain some unremarkable findings, his opinions were nevert heless consist ent t hroughout t he relevant period. For inst ance, in his February 11, 2014, “ To Whom It May Concern” let t er, he opined, int er alia, t hat she has t rouble maint aining t he st abilit y of her mood; has conflict s wit h her peers; “ get s paranoid at t imes, as well as anxious, obsessively worried, and impulsive;” and has “ episodes of hypervent ilat ing, short ness of breat h, t achycardia, t remors, et c.” See Transcript at 388. In his April 27, 2015, medical source st at ement , he opined t hat she has ext reme limit at ions in at least t wo respect s and several marked limit at ions. See Transcript at 427-428. In short , t his case is not an inst ance in which a t reat ing physician has rendered inconsist ent opinions. If not hing else, Felt s’ opinions have been consist ent ; he has consist ent ly opined t hat Greenwood has significant ment al impairment s and t hey affect her abilit y t o funct ion. -12- Third, t he record as a whole does not est ablish t hat Hest er’ s opinions are support ed by bet t er or more t horough medical evidence. A fair reading of t he report he prepared following his evaluat ion of Greenwood reflect s t hat he recorded her medical hist ory, observed her ment al st at e, and offered his assessment of t he effect s of her ment al impairment s on her adapt ive funct ioning. Alt hough t he ALJ can give great er weight t o t he opinions of a consult ing physician t han t he opinions of a t reat ing physician, see Anderson v. Barnhart , 344 F.3d 809 (8t h Cir.2003), t he consult ing physician’ s opinions must be well-support ed by medically accept able clinical and laborat ory diagnost ic t echniques. In t his inst ance, Hest er did no t est ing, and t here is no indicat ion he reviewed any medical document at ion. Hest er simply examined Greenwood one t ime and reached a different conclusion t han Felt s. The opinion evidence in t his case is varied and paint s subst ant ially different pict ures of Greenwood’ s abilit y t o funct ion. Alt hough it is t he ALJ’ s responsibilit y t o resolve conflict s among t he various opinions, t he Court would benefit from t he ALJ reevaluat ing t he various opinions of Greenwood’ s ment al impairment s and t heir effect on her abilit y t o funct ion in t he workplace. Greenwood addit ionally challenges t he craft ing of her residual funct ional capacit y. Greenwood maint ains t hat “ [t ]he ALJ found ... Greenwood has virt ually no ment al limit at ions.” See Document 12 at 25. The Court will not devot e much at t ent ion t o her assert ion but agrees t hat t he assessment of her ment al residual funct ional capacit y is flawed and should be re-assessed upon remand. -13- The record as a whole est ablishes t hat Greenwood has ment al impairment s, and t he ALJ indeed found t hat Greenwood’ s severe impairment s include a depressive disorder, an anxiet y disorder, and a somat oform disorder. The quest ion was not whet her she has ment al impairment s but t he ext ent t o which t hey impact t he most she can do despit e t he impairment s. The ALJ found t hat t he impairment s cause virt ually no workrelat ed limit at ions as he did not incorporat e a meaningful ment al limit at ion int o Greenwood’ s residual funct ional capacit y. He simply found t hat “ [she] is limit ed t o det ailed, but not complex t asks involving t hree or four st eps, but wit h several variables.” See Transcript at 19. Subst ant ial evidence on t he record as a whole does not support t he assessment of Greenwood’ s ment al residual funct ional capacit y as she appears t o have work-relat ed limit at ions caused by ment al impairment s. For inst ance, even t he st at e agency medical consult ant s opined t hat Greenwood has moderat e difficult ies in maint aining concent rat ion, persist ence, or pace, and t he ALJ represent ed t hat he gave great weight t o t heir opinions. It is for t he foregoing reason t hat subst ant ial evidence on t he record as a whole does not support t he weight given Felt s and Hest er’ s opinions or t he assessment made of Greenwood’ s ment al residual funct ional capacit y. A remand is t herefore necessary. Upon remand, t he ALJ shall re-assessment Greenwood’ s ment al residual funct ional capacit y and, as a part of doing so, re-evaluat e t he various opinions. If Felt s’ opinions should be discount ed, t he ALJ shall offer sound reasons for doing so. -14- The Commissioner’ s decision is reversed, and t his case is remanded. The remand in t his case is a “ sent ence four” remand as t hat phrase is defined in 42 U.S.C. 405(g) and Melkonyan v. Sullivan, 501 U.S. 89 (1991). Judgment will be ent ered for Greenwood. IT IS SO ORDERED t his 3rd day of April, 2017. UNITED STATES MAGISTRATE JUDGE -15-