MUNRO v. ASTRUE

Filing 15

ORDER THAT REPORT & RECOMMENDATION IS APPROVED & ADOPTED; CASE IS REMANDED TO THE COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION SO THAT THE ADMINSTRATIVE LAW JUDGE CAN CONDUCT ADDITIONAL PROCEEDINGS CONSISTENT WITH THE REPORT & RECOMMENDATION, ETC. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 4/23/13. 4/23/13 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
AMBER MUNRO,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Defendant.

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CIVIL ACTION

NO. 12-2375

ORDER
AND NOW, this 23rd day of April, 2013, 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, Chief United States
Magistrate Judge, it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. 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) properly consider Plaintiff’s degree of limitation in performing
activities of daily living and in social functioning; (b) re-assess Plaintiff’s credibility,
accurately taking into account Plaintiff’s testimony; (c) explicitly consider whether
the statement of Plaintiff’s mother enhances Plaintiff’s credibility; (d) re-assess
Plaintiff’s residual functional capacity (“RFC”), considering all of Plaintiff’s
impairments (if the ALJ concludes that Plaintiff has moderate limitation in social
functioning, he shall explicitly include that in the RFC); and (e) pose a complete and

accurate hypothetical question to the vocational expert that reflects the new RFC.
It is so ORDERED.

BY THE COURT:
/s/ Mitchell S. Goldberg
__________________________
Mitchell S. Goldberg, J.