BARRINGER v. ASTRUE

Filing 14

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; AND THIS CASE IS REMANDED TO THE COMMISSIONER OF SOCIAL SECURITY, PURSUANT TO SENTENCE FOUR OF 42:405(g). SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 10/21/2013. 10/23/2013 ENTERED AND COPIES E-MAILED.(tomg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CURTIS ANDREW BARRINGER, JR.,
Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner of
Social Security,
Defendant.

:
:
:
:
:
:
:
:
:
:
:

CIVIL ACTION
NO. 12-7163

ORDER
AND NOW, this ____ day of October, 2013, after careful consideration of Plaintiff’s Request
for Review, Defendant’s Response, the Report and Recommendation of United States Magistrate Judge
Carol Sandra Moore Wells, Defendant’s Objections, and Plaintiff’s Response, it is hereby ORDERED
that:
1.

The Report and Recommendation is APPROVED and ADOPTED; and

2.

This case is REMANDED to the Commissioner of Social Security, pursuant to sentence
four of 42 U.S.C. § 405(g), so that the Administrative Law Judge can: (a) explicitly
consider Plaintiff’s Global Assessment of Functioning (“GAF”) scores of 35 and 42 and
reconsider whether he should regard Plaintiff’s mental functioning as being more
consistent with a GAF of 40 than a GAF of 55; and (b) include Plaintiff’s moderate
limitation in concentration, persistence or pace in the residual functional capacity
assessment in any hypothetical questioned posed to the Vocational Expert.

BY THE COURT:
/s/ Petrese B. Tucker
__________________________
Hon. Petrese B. Tucker, C. J.