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Pelts v. Colvin

United States District Court, W.D. Arkansas, Fort Smith Division

August 12, 2016

CHRISTOPHER KYLE PELTS PLAINTIFF
v.
CAROLYN W. COLVIN, Commissioner, Social Security Administration DEFENDANT

          FINAL JUDGMENT

          HON. MARK E. FORD, UNITED STATES MAGISTRATE JUDGE

         This cause is before the Court on the Plaintiff’s complaint for judicial review of an unfavorable final decision of the Commissioner of the Social Security Administration denying his claim for disability benefits. The parties have consented to entry of final judgment by the United States Magistrate Judge under the provisions of 28 U.S.C. § 636(c). The Court, having reviewed the administrative record, the briefs of the parties, the applicable law, and having heard oral argument, finds as follows, to-wit:

         Consistent with the Court’s ruling from the bench following the parties’ oral argument, the decision of the Commissioner of Social Security is reversed and remanded for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

         The evidence reveals that the Plaintiff was involved in a serious automobile accident in July 2012. He was ejected from the vehicle and thrown 150 feet. As a result, the Plaintiff sustained a closed head injury, bilateral pulmonary contusions, a left renal laceration, a pancreatic tail contusion, a radial ulnar fracture, a scapular body fracture, a right hemopneumothorax, and a T8-T9 burst fracture. Both the T8-T9 burst fracture and the radial ulnar fracture required surgical intervention.

         Dr. William Williams began treating Plaintiff shortly after the accident and documented headaches, chest pain, right knee pain, bilateral shoulder pain, numbness in the left hand, left arm pain, back pain, chronic pain syndrome, depression, and seizures. In April 2013, Dr. Williams prepared a medical source statement assessing the following limitations:

• Lift and/or carry 20 pounds occasionally .Lift and/or carry 10 pounds frequently
• Stand and walk about 3 hours during an 8-hour workday with normal breaks
• No sitting limitations
• Frequent changes in position due to chronic pain from thoracic vertebral fractures
• Reach, handle, and finger 1/3 of an 8-hour workday due to ocular nerve damage
• Would miss more than 4 days of work per week due to impairments or treatment for impairments

         In June 2013, after receiving a more detailed form from Plaintiffs counsel, Dr. Williams assessed the following limitations:

• Sit for 30 minutes for a total of at least 6 hours per day
• Stand for 30 minutes and can stand/walk for a total of about 2 hours per day .Periods of walking around during an 8-hour workday ...

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