Lipp v. Berryhill, No. 4:2016cv00310 - Document 20 (E.D. Mo. 2017)

Court Description: OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that pursuant to sentence four of 42 U.S.C. ' 405(g), the decision of the Commissioner is reversed. IT IS FURTHER ORDERED that this matter is remanded to the Commissioner for further proceedings for a clarification of whether he considered the opinion of Ms. Unk in reaching his decision to deny Plaintiffs claim of disability. A separate judgment is entered this same date. Signed by District Judge Henry Edward Autrey on 3/20/17. (KJS)
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Lipp v. Berryhill Doc. 20 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION HOPE M. LIPP, Plaintiff, vs. NANCY BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant ) ) ) ) ) ) ) ) ) ) ) Case No. 4:16CV310 HEA OPINION, MEMORANDUM AND ORDER This matter is before the Court on judicial review of a denial of Supplemental Security Income under Title XVI and Disability Insurance Benefits under title II of the Social Security Act. Plaintiff challenges the decision of the ALJ in failing to consider Plaintiff’s treating source, Julie Unk. Although Ms. Unk is considered a “nonacceptable source,” the ALJ’s decision fails to set out whether he even considered Ms. Unk’s opinion regarding Plaintiff’s limitations with regard to her impairments. 20 C.F.R. § 404.1513(d). Although Defendant argues that the ALJ’s decision clearly establishes that he did consider Ms. Unk’s opinion, the Court cannot ascertain the validity of this assertion. Therefore, the Court believes that a full and fair determination regarding Dockets.Justia.com Plaintiff’s disability requires remand to allow the ALJ to articulate what, if any, consideration he gave to Ms. Unk’s opinion. Accordingly IT IS HEREBY ORDERED that pursuant to sentence four of 42 U.S.C. ' 405(g), the decision of the Commissioner is reversed. IT IS FURTHER ORDERED that this matter is remanded to the Commissioner for further proceedings for a clarification of whether he considered the opinion of Ms. Unk in reaching his decision to deny Plaintiff’s claim of disability. A separate judgment is entered this same date. Dated this 20th day of March, 2017. ________________________________ HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE