Davis v. Callahan

RULING ON DEFENDANT’S MOTION TO ALTER OR AMEND

PRATT, District Judge.

INTRODUCTION

The Court has Defendant’s resisted Motion to Alter or Amend the Court’s Order of August 12, 1997, in which it was ordered that benefits are to be awarded to Plaintiff. The Commissioner argues that the Court improperly held that the Commissioner, having found Plaintiff incapable of returning to past relevant work, bears the burden of proving with medical evidence that Plaintiff has the residual functional capacity (RFC) to do other work in the national economy and that this burden must be acknowledged by the ALJ.…