Donato v. Berryhill

Filing 23

ORDER ADOPTING 22 REPORT AND RECOMMENDATIONS; granting in part and denying in part 14 Motion for Summary Judgment; granting in part and denying in part 18 Motion for Summary Judgment. The case is remanded with instructions to: 1) Address t he excluded limitations in the hypothetical question posed to the VE as discussed in this Recommendation; and 2) Re-assess Plaintiff's residual functional capacity and her ability to return to past relevant work. Signed by Judge Colm F. Connolly on 9/9/2019. (nmf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MARGARITA 0. DONATO,
Plaintiff,

v.

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)
)
)
) Civ. No. 18-476-CFC-SRF

)
1
,

ANDREW SAUL
Commissioner of Social Security
Administration,
Defendant.

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)

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)

ORDER
At Wilmington this

'it day of September, 2019, having considered the

Report and Recommendation issued by Chief United States Magistrate Mary Pat
Thynge on July 22, 2019, and upon the expiration of the time allowed for
objections pursuant to Rule 72 of the Federal Rules of Civil Procedure with no
objections having been filed;
IT IS ORDERED that:
1. Magistrate Judge Thynge's Report and Recommendation (D.I. 22) is
adopted.
2. Plaintiffs motion for summary judgment (D.I. 14) is granted in part and
1

Andrew Saul was sworn in as Commissioner of Social Security on June 17, 2019
to succeed Acting Commissioner Nancy A. Berryhill. Berryhill was the original
party in this case. Pursuant to Federal Rule of Civil Procedure 25(d) and 42
U.S.C. §405(g), Andrew Saul was automatically substituted as the Defendant in
this action.

denied in part.
3. Defendant's motion for summary judgment (D.I. 18) is granted in part
and denied in part.
4. The case is remanded with instructions to: 1) Address the excluded
limitations in the hypothetical question posed to the VE as discussed in this
Recommendation; and 2) Re-assess Plaintiffs residual functional capacity and her
ability to return to past relevant work.