STROUSE v. ASTRUE

Filing 24

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. STROUSE'S REQUEST FOR REVIEW IS GRANTED IN PART AND DENIED IN PART. THIS MATTER IS REMANDED TO THE COMMISSIONER OF THE SOCIAL SECURITY ADMINSTRATION IN ACCORDANCE WITH 42 U.S.C. 405(g) FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS MEMORANDUM AND ORDER. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 3/19/10. 3/22/10 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GRAHAM STROUSE

: : v. : : MICHAEL J. ASTRUE, : Commissioner of Social Security Administration : ORDER

CIVIL ACTION No. 07-4514

AND NOW, this 19th day of March, 2010, after consideration of the pleadings and record, and review of the Report and Recommendation of United States Magistrate Judge Linda Caracappa, and the parties' objections thereto, it is ORDERED: 1. 2. The Report and Recommendation is APPROVED and ADOPTED. Strouse's Request for Review is GRANTED as to the issue of the ALJ's failure to include Strouse's moderate difficulties in maintaining concentration, persistence, or pace in the hypothetical question posed to the VE. 3. 4. Strouse's request is DENIED in all other respects. This matter is REMANDED to the Commissioner of the Social Security Administration in accordance with 42 U.S.C. § 405(g) for further proceedings consistent with this Memorandum and Order.

BY THE COURT:

_/s/Juan R. Sánchez Juan R. Sánchez, J.