Piatt v. Barnhart

ORDER DENYING MOTION FOR RELIEF FROM ORDER

ROBINSON, District Judge.

This matter is before the Court on Defendant’s Motion for Relief From Its Order Pursuant to Federal Rule of Civil Procedure 60(b) (Doc. 13). In its September 27, 2002 Memorandum Order and Opinion Remanding (Doc. 11), this Court reversed and remanded this case to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. In its ruling, the Court cited Frey v. Bowen 1 in finding that “[wjhile the ALJ may rely upon claimant’s failure to pursue treatment or take medication for determination on…