Snyder v. Astrue

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS..IT IS HEREBY ORDERED that the Report and Recommendation of United States Magistrate Judge Shirley Padmore Mensah 20 , filed August 16, 2013 be and is SUSTAINED, ADOPTED, and INCORPORATED herein. IT IS FURTH ER ORDERED that the final decision of the Commissioner denying the plaintiff's application for disability benefits be and is REVERSED. IT IS FINALLY ORDERED, ADJUDGED, AND DECREED that pursuant to Sentence Four of 42 U.S.C. §405(g), this ca se is REMANDED to the Commissioner for reconsideration and further proceedings consistent with the Magistrate Judge's Report and Recommendation. Signed by District Judge Stephen N. Limbaugh, Jr on 9/25/13. (cc: Bureau of Hearings and Appeals)(MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CREGG A. SNYDER,
Plaintiff,
vs.
CAROLYN W. COLVIN1,
Acting Commissioner of Social Security,
Defendant.

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No.4:12CV782SNLJ/SPM

ORDER AND JUDGMENT
Having received no objections thereto,
IT IS HEREBY ORDERED that the Report and Recommendation of United States
Magistrate Judge Shirley Padmore Mensah [20], filed August 16, 2013 be and is SUSTAINED,
ADOPTED, and INCORPORATED herein.
IT IS FURTHER ORDERED that the final decision of the Commissioner denying the
plaintiff’s application for disability benefits be and is REVERSED.
IT IS FINALLY ORDERED, ADJUDGED, AND DECREED that pursuant to Sentence
Four of 42 U.S.C. §405(g), this case is REMANDED to the Commissioner for reconsideration and
further proceedings consistent with the Magistrate Judge’s Report and Recommendation [20].
Specifically, on remand, the ALJ should clarify his findings regarding the plaintiff’s RFC and should
ensure that the hypothetical question posed to the vocational expert (VE) includes all of the
impairments as noted in the RFC. This Court does not retain jurisdiction of this case.

1

On February 14, 2013 Carolyn W. Colvin became the Acting Commissioner of Social
Security; thereby, replacing Michael J. Astrue as defendant Commissioner of Social Security.

Dated this 25th

day of September, 2013.

UNITED STATES DISTRICT JUDGE

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