BATTLE v. ASTRUE

Filing 17

ORDERED THAT JUDGE STRAWBRIDGE'S REPORT AND RECOMMENDATION 16 IS APPROVED AND ADOPTED. PLAINTIFF'S REQUEST FOR REVIEW 9 IS GRANTED IN PART AND DENIED IN PART. THE CASE IS REMANDED TO THE COMMISSIONER FOR FURTHER PROCEEDINGS CONSISTENT WITH JUDGE STRAWBRIDGE'S REPORT AND RECOMMENDAITON 16 . THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE STEWART DALZELL ON 10/17/2013. 10/18/2013 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

TRACY BATTLE

CIVIL ACTION

v.
CAROLYN W. COLVIN l
Acting Commissioner of
Social Security

NO. 12-4069

ORDER
AND NOW, this 17th day of October, 2013, upon careful
and independent consideration of plaintiff Tracy Battle's
brief and statement of issues in support of request for review
(docket entry # 9), defendant Carolyn W. Colvin's response
thereto (docket entries # II, 13) and the Honorable David R.
Strawbridge's thorough and well-reasoned report and
recommendation (docket entry # 16), to which neither party has
filed an objection within the period specified by Loc. R. Civ.
P. 72.1 IV (b), and the Court agreeing with Judge Strawbridge
that remand is necessary so that the Administrative Law Judge
(ALJ) may (1) properly include all of the claimant's medically
supported ailments in any hypothetical assessment by the
vocational expert;

(2) resolve the discrepancy between the ALJ's

Residual Functional Capacity assessment that plaintiff is

Carolyn W. Colvin became the Acting Commissioner of
Social Security on February 14, 2013. Pursuant to Fed. R. Civ.
P. 25(d), Carolyn W. Colvin should be substituted for Michael J.
Astrue as the defendant in this suit.
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capable of no more than simple, repetitive tasks and the
vocational Expert's testimony about an appropriate job level;
and (3) comment further and develop the record to explain
specifically why she rejected the sit-stand option, it is hereby
ORDERED that:
1.

Judge Strawbridge's report and recommendation

(docket entry # 16) is APPROVED and ADOPTED;
2.

Plaintiff's request for review (docket entry # 9)

is GRANTED IN PART and DENIED IN PART;
3.

This case is REMANDED to the Commissioner for

further proceedings consistent with Judge Strawbridge's report
and recommendation (docket entry # 16); and
4.

The Clerk of Court shall CLOSE this case

statistically.

BY THE COURT:

A~
Stewart Da
I, J.

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