West v. Social Security Administration, No. 4:2014cv00405 - Document 17 (N.D. Okla. 2015)
Court Description: OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 14 Motion to Remand (crp, Dpty Clk)
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West v. Social Security Administration Doc. 17 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA FRAN A. WEST, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 14-CV-405-GKF-FHM OPINION AND ORDER Plaintiff’s Motion to Remand pursuant to sentence four of Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), [Dkt. 14], is before the court for decision. Defendant has not has filed a response and time to do so has expired. The basis of Plaintiff’s motion is that the administrative transcript, [Dkt. 11-2], does not contain all of the medical evidence used by the ALJ in rendering her decision, specifically prior medical evidence from Paul J. Schwartz, Ph.D., Jerry White, Ph.D., and Perry Inhofe, M.D.1 The Defendant filed a Modified Supplemental Administrative Transcript, [Dkt. 15], on March 11, 2015, that contains the prior medical evidence from Paul J. Schwartz, Ph.D., Jerry White, Ph.D., and Perry Inhofe, M.D. 1 The court acknowledges that the ALJ’s decision mistakenly refers to Paul Inhofe, M.D., as opposed to Perry Inhofe, M.D. Dockets.Justia.com Based upon these facts this court finds that further administrative action is not warranted. Accordingly, Plaintiff’s Motion to Remand, [Dkt. 14], is DENIED. A new Scheduling Order is being entered herewith. SO ORDERED this 26th day of March, 2015. 2
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