SANTIAGO v. COLVIN

Filing 13

ORDER THAT JUDGE RICE'S REPORT AND RECOMMENDATION IS APPROVED & ADOPTED; PLFF'S REQUEST FOR REVIEW IS GRANTED; THE MATTER IS REMANDED TO THE COMMISSIONER FOR FURTHER REVIEW CONSISTENT WITH THE REPORT & RECOMMENDATION; & THE CLERK OF COURT SHALL CLOSE THE CASE STATISTICALLY. SIGNED BY HONORABLE STEWART DALZELL ON 11/18/14. 11/18/14 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MIGUEL SANTIAGO
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security

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CIVIL ACTION

NO. 13-1925

ORDER
AND NOW, this 18th day of November, 2014, upon consideration of our
September 12, 2013 order referring this matter to the Honorable Timothy R. Rice, United States
Magistrate Judge, for a report and recommendation (“R&R”) pursuant to the procedure for the
random assignment of social security cases, Local Rule 72.1 and 28 U.S.C. §636(b)(1)(B)
(docket entry # 8), the R&R filed on October 31, 2014 recommending remand, 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 Rice that plaintiff’s request for remand should be granted because the
Administrative Law Judge failed to adequately consider the evidence in determining plaintiff’s
depression was not severe, 1 it is hereby ORDERED that:
1.
2.

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Judge Rice’s report and recommendation is APPROVED and ADOPTED;
Plaintiff’s request for review is GRANTED;

Although Santiago also alleged the Administrative Law Judge erred in denying his application
for Supplemental Security Income (“SSI”) by failing to find he met Listing 12.05C impairment
and finding that his complaints of pain and neuralgia were not supported by the record, Judge
Rice did not address those arguments as he found a lack of substantial evidence underpinning the
ALJ’s opinion concerning Santiago’s depression and recommended remand on that issue alone.

3.

The matter is REMANDED to the Commissioner for further review

consistent with the Report and Recommendation; and
4.

The Clerk of Court shall CLOSE the case statistically.
BY THE COURT:

/s/ Stewart Dalzell, J.

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