JOHNSON v. ASTRUE

Filing 19

ORDER THAT THE REPORT AND RECOMMENDATION OF CHIEF MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS IS APPROVED AND ADOPTED. PLAINTIFF'S OBJECTIONS TO REPORT AND RECOMMENDATION ARE OVERRULED. THE RELIEF REQUESTED IN THE COMPLAINT AND THE REQUEST FOR REV IEW IS GRANTED TO THE EXTENT PLAINTIFF SEEKS A REMAND TO THE COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION AND DENIED IN ALL OTHER RESPECTS. THE CASE IS REMANDED TO THE COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION PURSUANT TO SENTENCE FOUR (4) OF 42 USC SECTION 405(g) SO THAT THE ADMINISTRATIVE LAW JUDGE CAN: (A) CONSIDER PLAINTIFF'S CARPAL TUNNEL SYNDROME IN COMBINATION WITH ALL OF HER OTHER IMPAIRMENTS IN ORDER TO RE-ASSESS WHETHER SHE CAN PERFORM HER PAST RELEVANT JOB AS A CLA IMS CLERK, AND, IF NOT, WHETHER SHE IS DISABLED; AND (B) RE-EVALUATE PLAINTIFF'S CREDIBIITY IN ORDER TO RE-ASSESS WHETHER SHE CAN PERFORM HER PAST RELEVANT JOB AS A CLAIMS CLERK AND, IF NOT, WHETHER SHE IS DISABLED. SIGNED BY HONORABLE JAN E. DUBOIS ON 7/26/13. 7/29/13 ENTERED & E-MAILED.(fdc)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA SONYA JOHNSON, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. : : : : : : : : CIVIL ACTION NO. 12-4690 ORDER AND NOW, this 26th day of July, 2013, upon consideration of the Complaint and Request for Review filed by plaintiff, Sonya Johnson, the record in this case, and the Report and Recommendation of Chief United States Magistrate Judge Carol Sandra Moore Wells dated May 17, 2013, and Plaintiff’s Objections to Report and Recommendation, IT IS ORDERED as follows: 1. The Report and Recommendation of Chief Magistrate Judge Carol Sandra Moore Wells is APPROVED and ADOPTED; 2. Plaintiff’s Objections to Report and Recommendation are OVERRULED; 3. The relief requested in the Complaint and the Request for Review is GRANTED to the extent plaintiff seeks a remand to the Commissioner of the Social Security Administration and DENIED in all other respect; 4. The Case is REMANDED to the Commissioner of the Social Security Administration pursuant to sentence four (4) of 42 U.S.C. § 405(g) so that the Administrative Law Judge can: (a) consider plaintiff’s carpal tunnel syndrome in combination with all of her other impairments in order to re-assess whether she can perform her past relevant job as a claims clerk and, if not, whether she is disabled; and (b) re-evaluate plaintiff’s credibility in order to reassess whether she can perform her past relevant job as a claims clerk and, if not, whether she is disabled. BY THE COURT: S/ Jan E. DuBois JAN E. DUBOIS, J. 2

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