Harrison v. Astrue

Filing 27

ORDER: IT IS HEREBY ORDERED that the Report and Recommendation of the Magistrate Judge 26 is adopted and incorporated herein. IT IS FURTHER ORDERED that, pursuant to sentence four of 42 U.S.C. § 405(g), this matter is reversed and remanded to the Commissioner for further proceedings consistent with the Magistrate Judge's Report and Recommendation and with this Order. A separate Order of Remand shall accompany this Order. Signed by District Judge John A. Ross on 2/11/13. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TONEY A. HARRISON,
Plaintiff,
vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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Case No. 4:12-CV-140JAR (LMB)

ORDER
This matter is before the Court on the Report and Recommendation of United States
Magistrate Judge Lewis M. Blanton, filed January 14, 2013. [ECF No. 26] Pursuant to 28 U.S.C.
§ 636, the Court referred this matter to Magistrate Judge Blanton. Magistrate Judge Blanton
recommends that the Court reverse and remand this matter to the Commissioner for further
proceedings, pursuant to sentence four of 42 U.S.C. § 405(g). Neither party has filed objections or
otherwise responded to the Report and Recommendation.
After review of the entire record in this matter, the Court concurs in the Magistrate Judge’s
findings, and will adopt the Report and Recommendation. Accordingly, the Court will reverse and
remand this matter to the Commissioner for further administrative proceedings. Specifically, the
Administrative Law Judge shall accord the proper weight to the opinion of Plaintiff’s treating
cardiologist, Dr. Sundeep Das, formulate a new residual functional capacity (RFC) for Plaintiff
consistent with the medical evidence of record, and adduce the testimony of a vocational expert to
determine how Plaintiff’s non-exertional impairments restrict his ability to perform jobs in the
national economy. (Doc. No 26, pp. 20-21).
Accordingly,

IT IS HEREBY ORDERED that the Report and Recommendation of the Magistrate Judge
[26] is adopted and incorporated herein.
IT IS FURTHER ORDERED that, pursuant to sentence four of 42 U.S.C. § 405(g), this
matter is reversed and remanded to the Commissioner for further proceedings consistent with the
Magistrate Judge’s Report and Recommendation and with this Order. A separate Order of Remand
shall accompany this Order.

Dated this 11th day of February, 2013.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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