VULAKH v. ASTRUE et al

Filing 12

ORDER APPROVING AND ADOPTING THE REPORT AND RECOMMENDATIONS, PLAINTIFFS REQUEST FOR REVIEW IS GRANTED IN PART AND DENIED IN PART. THE CASE IS REMANDED TO THE COMMISSIONER OF THE S.S. ADMINISTRATION SO THAT THE ADMINISTRATIVE LAW JUDGE CAN CONDUCT ADDITIONAL PROCEEDINGS CONSISTENT WITH THE REPORT AND RECOMMENDATION. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 12/30/2009. 12/31/2009 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ : : : : : MICHAEL J. ASTRUE, COMMISSIONER : OF SOCIAL SECURITY, : Defendant. : __________________________________________: BRONISLAV VULAKH, Plaintiff, v. ORDER AND NOW, this 30th day of December, 2009, after careful review and independent consideration of Plaintiff's request for review, Defendant's response thereto, Plaintiff's reply, and review of the Report and Recommendation of Carol Sandra Moore Wells, United States Magistrate Judge, to which no Objections are filed, it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. Plaintiff's Request for Review is GRANTED in part and DENIED in part; and 3. The case is REMANDED to the Commissioner of the Social Security Administration so that the Administrative Law Judge ("ALJ") can conduct additional proceedings consistent with the Report and Recommendation. Specifically, upon remand, the ALJ shall: (a) clearly articulate whether Plaintiff has the residual functional capacity to perform semi-skilled work; (b) ask a vocational expert whether Plaintiff's moderate restriction on his ability to interact appropriately with the public precludes his past relevant work; (c) expressly determine whether Plaintiff can perform work that involves the stress of mixed salaried and commissioned sales; and (d) explain adequately why Plaintiff's Global Assessment of Functioning scores are inconsistent with his treatment notes. It is so ORDERED. BY THE COURT: /s/ Cynthia M. Rufe __________________________ CYNTHIA M. RUFE, J.

CIVIL NO. 08-5773