Smith v. Social Security Administration Commissioner, No. 4:2008cv04084 - Document 11 (W.D. Ark. 2009)
Court Description: MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on March 2, 2009. (cap)
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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JAMES SMITH vs. PLAINTIFF Civil No. 4:08-cv-04084 MICHAEL J. ASTRUE, Commissioner, Social Security Administration DEFENDANT MEMORANDUM OPINION On February 20, 2009, Defendant filed a Unopposed Motion to Remand. (Doc. No. 10).1 The parties have consented to the jurisdiction of a magistrate judge to conduct any and all proceedings in this case, including conducting the trial, ordering the entry of a final judgment, and conducting all post-judgment proceedings. (Doc. No. 4). Pursuant to this authority, the Court issues this memorandum opinion and orders the entry of a final judgment in this matter. Defendant requests a remand so the Commissioner may conduct further administrative proceedings and further evaluate Plaintiff s mental status. Defendant requests this remand so the ALJ can obtain an independent consultative psychological evaluation, which should include psychological and intelligence testing and a medical source statement; and if necessary, obtain medical expert testimony and additional vocational expert testimony. This Court finds this motion is well-taken and should be granted. The Commissioner s decision is reversed, and this matter is hereby remanded pursuant to sentence four of 42 U.S.C. § 1 The docket numbers for this case are referenced by the designation Doc. No. The transcript pages for this case are referenced by the designation Tr. 1 405(g) for further proceedings. In addition, the undersigned finds the Plaintiff s Complaint should be and hereby is dismissed without prejudice. Plaintiff may still, however, file a motion for attorney s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. This Court directs the ALJ to obtain an independent consultative psychological evaluation, which should include psychological and intelligence testing and a medical source statement; and if necessary, obtain medical expert testimony and additional vocational expert testimony. A judgment incorporating these findings will be entered pursuant to Federal Rules of Civil Procedure 52 and 58. ENTERED this 2nd day of March, 2009. /s/ Barry A. Bryant HON. BARRY A. BRYANT U.S. MAGISTRATE JUDGE 2
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