Feldhaus v. Astrue

Filing 25

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Report and Recommendation of the United States Magistrate Judge is SUSTAINED, ADOPTED, and INCORPORATED herein. (Doc. No. 24.) IT IS FURTHER ORDERED that the decision of the Commissione r denying Plaintiff's application for disability insurance benefits under Title II of the Social Security Act is REVERSED and this case REMANDED to the ALJ for clarification of the weight given to Ms. Cooke's PRFCA and, if necessary, for re-evaluation of Plaintiff's RFC. A separate Judgment shall accompany this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 2/06/2014. (NCL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ELLEN FELDHAUS,
Plaintiff,
v.
CAROLYN COLVIN,1 Acting
Commissioner of Social Security,
Defendant.

)
)
)
)
)
)
)
)
)
)

Case No. 4:12CV01991 AGF/TCM

MEMORANDUM AND ORDER
Currently before the Court is the Report and Recommendation (R&R) of United
States Magistrate Judge Thomas C. Mummert, to whom this matter was referred for
recommended disposition pursuant to 28 U.S.C. § 636(b). Magistrate Judge Mummert
filed his R&R on January 22, 2014, recommending that the Court reverse the decision of
the Administrative Law Judge (ALJ) to deny Plaintiff Ellen Feldhaus’s request for
disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401433, and remand this case for clarification by the ALJ of the weight given to Ms. Cooke’s
Physical Residual Functional Capacity (PRFCA) and, if necessary, for re-evaluation of
Plaintiff’s Residual Functional Capacity (RFC).
Neither party has filed objections to the R&R and the time to do so has expired.

1

Carolyn W. Colvin became the Acting Commissioner of Social Security on February
14, 2013. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W.
Colvin is substituted for Michael J. Astrue as the Defendant in this suit. No further action
needs to be taken to continue this suit by reason of the last sentence of section 205(g) of
the Social Security Act, 42 U.S.C. § 405(g).

Upon careful consideration of the R&R and the record in this case, the Court
sustains and adopts the R&R and concurs with the recommendation of the Magistrate
Judge that the ALJ’s decision should be reversed and this matter remanded for further
proceedings consistent as set forth in the R&R.
Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation of the United
States Magistrate Judge is SUSTAINED, ADOPTED, and INCORPORATED herein.
(Doc. No. 24.)
IT IS FURTHER ORDERED that the decision of the Commissioner denying
Plaintiff’s application for disability insurance benefits under Title II of the Social
Security Act is REVERSED and this case REMANDED to the ALJ for clarification of
the weight given to Ms. Cooke’s PRFCA and, if necessary, for re-evaluation of Plaintiff’s
RFC.
A separate Judgment shall accompany this Memorandum and Order.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 6th day of February, 2014.

-2-