LINDSAY v. ASTRUE

Filing 14

ORDER THAT THE CLERK OF COURT IS DIRECTED TO REMOVE THIS ACTION FROM CIVIL SUSPENSE; THE CAREFULLY REASONED REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; CONSISTENT WIT THE R & R, THE PLAINTIFF'S MOTION IS GRANTED AND THE CASE IS REMANDED TO THE COMMISSIONER FOR PROCEEDINGS CONSISTENT WITH THE REPORT AND RECOMMENDATION AND THIS ORDER. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 6/19/14. 6/20/14 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DOLORES LINDSAY,
Plaintiff,

v.

CIVIL ACTION NO. 12-7159

CAROLYN COLVIN, Commissioner of
the Social Security Administration,
Defendant.

FILED
JUN 192014

:~AEL I:. KUNZ, Clertc
-Dep.Cferk
ORDER

AND NOW, this 19th day of June 2014, upon consideration of the Plaintiff's M,otion in Support
of Request for Review [Doc. No. 7], Defendant's response and Plaintiff's reply, the Report and
Recommendation of United States Magistrate Judge Linda K. Caracappa [Doc. No. 13], to which there
were no objections, and after a careful, independent review of the complete administrative record, it is
hereby ORDERED that:
1.

The Clerk of Court is DIRECTED to remove this action from civil suspense;

2.

The carefully reasoned Report and Recommendation is APPROVED AND ADOPTED,

with additional guidance from this Court;
3.

1

Consistent with the R & R, the Plaintiff's Motion is GRANTED, and the case is

REMANDED to the Commissioner in accordance with the fourth sentence of 42 U.S.C. § 405(g) for
proceedings consistent with the Report and Recommendation and this Order.

It is so ORDERED.

BYTHECOURn

~LA
THIAM.RUFE, J.

1

In determining that Plaintiff's mental health conditions (attention deficit disorder and depression) were not severe
at Step 2 of the sequential evaluation process, the ALJ's opinion, dated February 6, 2012, improperly applied the
"Listing oflmpairments" criteria (20 CFR Part 404, Subpart P, App'x 1, Listing 12.00C). At Step 2 of the
sequential evaluation process, an impairment is considered "not severe" only if it is "a slight abnormality (or
combination of slight abnormalities) that has no more than a minimal effect on the ability to do basic work
activities." 20 C.F.R. § 404.1521; Social Security Rulings 85-28 and 96-3p. The Listing oflmpairments is properly
consulted not at Step 2, but rather at Step 3, to determine whether the claimed impairments are sufficiently severe to
meet (or equal) the criteria set forth in the appropriate Listing. Thus, in finding Plaintiffs mental health conditions
were "not severe" at Step 2, the ALJ applied the wrong legal standard. Therefore, in addition to approving and
adopting the R & R's conclusion that the ALJ's application of the Listing criteria to the facts of this case was not
supported by substantial evidence, the Court notes the improper use of the Listing criteria at Step 2 of the sequential
analysis, and directs the ALJ to apply the correct criteria at Steps 2 and 3 on remand.