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Missavage v. Astrue

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


February 10, 2009

CARL MISSAVAGE, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: William D. Stiehl District Judge

ORDER GRANTING AGREED MOTION FOR REMAND UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g)

Upon Agreed Motion by the parties, the request for remand under sentence four of 42 U.S.C. § 405(g) is hereby GRANTED. On remand, the administrative law judge will further evaluate the evidence concerning thoracic outlet syndrome, including thoracic outlet syndrome from neurogenic and/or vascular causes, and evaluate the opinions of Dr. Kaeling and Dr. Leung. If the administrative law judge finds that the Plaintiff does not have neurogenic or vascular thoracic outlet syndrome, a rationale will be provided. If the administrative law judge rejects any portion of the opinion of Dr. Kaeling or Dr. Leung, a rationale will be provided. The Plaintiff will have the opportunity to update the medical record and the administrative law judge will conduct a new hearing. If necessary, the administrative law judge will further evaluate Plaintiff's residual functional capacity and/or obtain additional vocational evidence.

IT IS SO ORDERED.

20090210

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