Stroup v. Social Security Administration

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS.. 14 Report and Recommendations, IT IS FURTHER ORDERED that Defendants Motion to Reverse and Remand isGRANTED. [Doc. 13] Motion to Remand to Agency filed by Social Security Administration IT IS FURTHER ORDE RED that the decision of the Commissioner denying plaintiffs application for disability income benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401, et seq., is REVERSED.IT IS FURTHER ORDERED that pursuant to senten ce four of 42 U.S.C. § 405(g), thiscase is REMANDED to the Commissioner for further proceedings consistent with the Report and Recommendation. An appropriate judgment of remand will accompany this order. Signed by Honorable Charles A. Shaw on 3/26/09. (cc: Bureau of Appeals)(MRS)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION JUANITA D. STROUP, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER This matter is before the Court pursuant to the Report and Recommendation of United States Magistrate Judge Mary Ann L. Medler, filed February 27, 2009. See 28 U.S.C. § 636(b). The Magistrate Judge recommended that the Court grant the Commissioner's motion to reverse and remand the case for further consideration of plaintiff's claim and application for disability insurance benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401, et seq. No objections to the recommendation were filed, and the time to do so has passed. After careful review of the matter, the Court concurs with the recommendation of the Magistrate Judge. Upon receipt of the Court's remand order, the Appeals Council should remand this case to the Administrative Law Judge (ALJ) who should be instructed to evaluate the severity of plaintiff's mental impairment using the technique set out in the regulations at 20 C.F.R. §§ 404.1520a, and 416.920a. The ALJ should also properly formulate plaintiff's residual functional capacity, including functional limitations consistent with plaintiff's mental status. In addition, the ALJ should be instructed to obtain evidence from a vocational expert, if necessary, in order to determine

No. 1:08-CV-171 CAS

if plaintiff can perform her past relevant work or if a significant number of other jobs exist in the national economy that plaintiff can perform. Accordingly, IT IS HEREBY ORDERED that the Report and Recommendation of the United States Magistrate Judge is sustained, adopted and incorporated herein. [Doc. 14] IT IS FURTHER ORDERED that Defendant's Motion to Reverse and Remand is GRANTED. [Doc. 13] IT IS FURTHER ORDERED that the decision of the Commissioner denying plaintiff's application for disability income benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401, et seq., is REVERSED. IT IS FURTHER ORDERED that pursuant to sentence four of 42 U.S.C. § 405(g), this case is REMANDED to the Commissioner for further proceedings consistent with the Report and Recommendation. An appropriate judgment of remand will accompany this order.

__________________________________ CHARLES A. SHAW UNITED STATES DISTRICT JUDGE Dated this 26th day of March, 2009.

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