Brunelle v. Social Security Administration Commissioner, No. 2:2013cv02259 - Document 14 (W.D. Ark. 2015)

Court Description: JUDGMENT REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING THIS CASE TO THE COMMISSIONER PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g) and adopting the Recommendation of the Magistrate Judge as set forth in the 12 Report and Recommendations. Signed by Honorable Robert T. Dawson on March 26, 2015. (rw)

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Brunelle v. Social Security Administration Commissioner Doc. 14 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION LINDA SUE BRUNELLE PLAINTIFF V. CIVIL NO. 13-2259 CAROLYN M. COLVIN, Acting Commissioner of Social Security Administration DEFENDANT JUDGMENT Now on this 26th Day of March, 2015, comes on for consideration the Report and Recommendation dated December 22, 2014, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. before the Court Recommendation. After a is Defendant’s Objection (Doc. 12). to Also the Report and being well and (Doc. 13). de novo review, the Court, sufficiently advised, finds as follows: The Magistrate finds that the decision of the ALJ is not supported by substantial evidence and Specifically, recommends the that Magistrate it finds perform a proper Polaski analysis. Magistrate that the ALJ’s be Polaski reversed that the and ALJ remanded. failed to The Court agrees with the analysis was lacking, and adopts the Report and Recommendation on this matter. Page 1 of 2 Dockets.Justia.com The Court also finds that the ALJ’s determination Plaintiff’s RFC is not supported by substantial evidence. of The ALJ found that Plaintiff has the RFC “to perform a full range of work at all exertional levels . . . .” (Tr. 17). Such an RFC would necessarily include work in the “heavy” and “very heavy” exertional categories. Given Plaintiff’s age and the medical evidence concerning her impairments, the record does not support the conclusion that she is capable of performing work at all exertional levels. Therefore, the Court, being well and sufficiently advised, finds that the Report and Recommendation (Doc. 12) is ADOPTED, and additionally finds that the ALJ’s determination Plaintiff’s RFC is not supported by substantial evidence. of The ALJ’s decision is REVERSED AND REMANDED to the Commissioner for further consideration pursuant to sentence four of 42 U.S.C. § 405(g). IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge Page 2 of 2

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