Coulette Osmore v. Michael Astrue

MEMORANDUM

Coulette Osmore appeals the district court’s judgment reversing the Commissioner’s final decision that Osmore was not disabled within the meaning of Title XVI of the Social Security Act, 42 U.S.C. § 1383c(a)(3), and remanding the matter for further administrative proceedings. With her appeal, Osmore seeks an order that, on remand, the Administrative Law Judge (ALJ) must complete an entirely new evaluation of Osmore’s Supplemental Security Income and Disability Insurance Benefits applications. We affirm.

Standing

Osmore has standing to pursue this appeal because “the District Court’s order g[ave] [Osmore] some, but not all, of the relief she requested.” Forney v. Apfel, 524 U.S. 266, 271 , 118 S.Ct. 1984 , 141 L.Ed.2d 269 (1998).

Evaluation of the Medical Evidence

The Commissioner says that, on remand, he will both consider the effects of Osmore’s mental impairments and allow Osmore to argue that medication side effects limit her residual functional capacity. Accordingly, Osmore’s claim that the ALJ improperly disregarded evidence of Os-more’s depression and medication side effects is moot. See W. Coast Seafood Processors Ass’n v. Natural Res. Def. Council, Inc.,…