LEE v. ASTRUE

Filing 15

MEMORANDUM AND ORDER THAT REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE LINDA K. CARACAPPA (DOC. 10) AND THE SUPPLEMENTAL REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE LINDA K. CARACAPPA (DOC. 12) ARE APPROVED AND ADOP TED IN PART AND REJECTED IN PART AS OUTLINED HEREIN. DEFENDANTS OBJECTIONS TO THE MAGISTRATE REPORT AND RECOMMENDATION AND SUPPLEMENTAL RECOMMENDATION ARE SUSTAINED IN PART AS OUTLINED HEREIN. PLAINTIFFS REQUEST FOR REVIEW OF THE ADVERSE DECISION OF THE COMMISSIONER (DOC. 1) IS DENIED. CLERK OF COURT SHALL MARK THIS CASE CLOSED.. SIGNED BY HONORABLE JAN E. DUBOIS ON 6/10/14. 6/10/14 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MELISSA A. LEE,

CIVIL ACTION
Plaintiff,

v.
CAROLYN COLVIN,
Acting Commissioner of Social Security,
Defendant.

NO. 11-4641

ORDER
AND NOW, this 10th day of June, 2014, upon consideration of plaintiff’s Complaint,
requesting review of an adverse decision of the Commissioner (Document No. 1, filed July
22, 2011), Plaintiff Melissa A Lee’s Brief and Statement of Issues in Support of Request for
Review (Document No. 6, filed May 11, 2012), and Defendant’s Response to Request for
Review of Plaintiff (Document No. 8, filed June 13, 2012), after review of the Report and
Recommendation of United States Magistrate Judge Linda K. Caracappa (Document No. 10,
filed January 30, 2014), Defendant’s Objections to the Magistrate Judge’s Report and
Recommendation (Document No. 11, filed February 10, 2014), the Supplemental Report and
Recommendation of United States Magistrate Judge Linda K. Caracappa (Document No. 12,
filed February 27, 2014), and Defendant’s Objections to the Magistrate Judge’s Supplemental
Report and Recommendation (Document No. 13, filed March 12, 2014), for the reasons set
forth by Memorandum dated June 10, 2014, IT IS ORDERED as follows:
1.

The Report and Recommendation of United States Magistrate Judge Linda K.

Caracappa (Document No. 10), and the Supplemental Report and Recommendation of United
States Magistrate Judge Linda K. Caracappa (Document No. 12) are APPROVED AND
ADOPTED IN PART and REJECTED IN PART, as follows:

a. Those parts of the Report and Recommendation of United States Magistrate
Judge Linda K. Caracappa and the Supplemental Report and Recommendation of
United States Magistrate Judge Linda K. Caracappa relating to whether the ALJ
erred in not discussing plaintiff’s GAF scores are REJECTED.
b. That part of the Report and Recommendation of United States Magistrate
Judge Linda K. Caracappa relating to whether the ALJ adequately weighed the
opinion of Dr. Greenfield is REJECTED.
c. The Report and Recommendation of United States Magistrate Judge Linda K.
Caracappa and the Supplemental Report and Recommendation of United States
Magistrate Judge Linda K. Caracappa are APPROVED AND ADOPTED in all
other respects;
2.

Defendant’s Objections to the Magistrate Judge’s Report and Recommendation

(Document No. 11), and Defendant’s Objections to the Magistrate Judge’s Supplemental
Report and Recommendation (Document No. 13) are SUSTAINED IN PART, as follows:
a. That part of Defendant’s Objections to the Magistrate Judge’s Supplemental
Report and Recommendation arguing that the ALJ’s failure to explicitly discuss
the GAF scores does not warrant remand under Gilroy v. Astrue, 351 F. App’x
714, 715-16 (3d Cir. 2009) is SUSTAINED.
b. The Court does not reach the Commissioner’s second objection that GAF
scores are no longer relevant under the current edition of the DSM applicable on
remand.
3.

Plaintiff's Request for Review of the adverse decision of the Commissioner

(Document No. 1) is DENIED;

4.

The Clerk shall MARK the case CLOSED.

BY THE COURT:

/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.