Neeley v. Colvin

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS 19 ; granting in part and denying in part 12 Motion for Summary Judgment; granting in part and denying in part 14 Motion for Summary Judgment. (CASE CLOSED) Mindful of the delay in resolving Ms. Neel ey's request for over ten years and consistent with Fed.R.Civ.P. 1, the Commissioner shall undertake all steps to expedite this remand and file status memoranda not exceeding three pages on the progress consistent with this Order and accompanying Memorandum on October 27, 2017 and every sixty days thereafter until resolution or entry of a final decision by the Commissioner on remand. Signed by Judge Mark A. Kearney on 9/13/2017. (nmfn)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PAMELA B. NEELEY

CIVIL ACTION

v.
NO. 16-180
CAROLYN W. COLVIN

ORDER
AND NOW, this 13th day of September 2017, upon considering Plaintiffs Request for
review (ECF Doc. No. 2), Defendant's Response (ECF Doc. No. 7), Plaintiffs Motion for
summary judgment (ECF Doc. No. 12) and Reply (ECF Doc. No. 16), Defendant's Motion for
Summary Judgment (ECF Doc. No. 14), United States Magistrate Judge Sherry R. Fallon's
extensive well-reasoned analysis in her August 25, 2017 Report and Recommendation (ECF Doc.
No. 19) with no timely objections under Fed.R.Civ.P. 72, it is ORDERED:
1.

Judge Fallon's August 25, 2017 Report and Recommendation (ECF Doc. No. 19)

is APPROVED and ADOPTED as we reverse the Administrative Law Judge's October 10,
2014 decision and remand consistent with Judge Fallon's Report and Recommendation
including identifying and resolving the conflicts between the vocational expert's occupational
evidence and the guidance in the Dictionary of Occupational Titles;
2.

Ms. Neeley's Motion (ECF Doc. No. 12) and the Commissioner's Motion (ECF

Doc. No. 14) are GRANTED in part and DENIED in part as we order remand but deny the
award of benefits at this stage without prejudice; and,
3.

Mindful of the delay in resolving Ms. Neeley's request for over ten years and

consistent with Fed.R.Civ.P. 1, the Commissioner shall undertake all steps to expedite this
remand and file status memoranda not exceeding three pages on the progress consistent with

this Order and accompanying Memorandum on October 27, 2017 and every sixty days
thereafter until resolution or entry of a final decision by the Commissioner on remand.

2