ROBINS v. ASTRUE

Filing 17

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED IN PART AND DENIED IN PART. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 1/28/14. 1/29/14 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SALLY A. ROBINS
Plaintiff

CIVIL ACTION

v.
CAROLYN W. COLVIN,
Acting Commissioner of the
Social Security Administration,
Defendant

FILED

NO. 12-6440

'JAN 2 9 2014
!CHAELE. KUNZ Cltrk
..,,,_ _ , .Clerk
ORDER

~

AND NOW, this

l. g day of ~ , 2013, after careful review and independent

consideration ofthe Plaintiffs request for review, Defendant's response, Plaintiffs 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 Plaintiffs Request for Review is GRANTED in part and DENIED in part;

(3)

The matter be REMANDED to the Commissioner of Social Security Administration
to allow the Administrative Law Judge (ALJ) to conduct additional proceedings
consistent with the Report and Recommendation. On remand, the ALJ shall: (a)
explicitly consider Plaintiffs MRI report of February 25, 2011; (b) re-assess Dr.
Kennedy's 2010 opinion regarding Plaintiffs physical functional limitations and
obtain a new residual functional capacity assessment from an acceptable medical
source, (c) re-assess Plaintiffs and Ms. Michela Robins' credibility; (d) reconsider
Plaintiffs residual functional capacity; (e) fully develop the record by either
contacting Dr. Falgowski for his medical records or obtaining a consultative
examination of Plaintiff's mental impairment, and (f) pose hypothetical questions to
the vocational expert which take into account all of Plaintiffs credible limitations.

It be so ORDERED.

ENTERED
JAN 29 2014
/

OLERKOF COURT

PETRESE B. TUCKER, J.