NILAN v. COLVIN

Filing 20

ORDER THAT THE CLERK OF COURT IS DIRECTED TO REMOVE THIS ACTION FROM CIVIL SUSPENSE; THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; AND THE CASE IS REMANDED TO THE COMMISSIONER FOR FURTHER PROCEEDINGS, ETC. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 4/9/15. 4/9/15 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
___________________________________
_
JOSEPH F. NILAN, JR.
:
Plaintiff,
:
:
v.
:
CIVIL ACTION NO. 13-5524
:
CAROLYN W. COLVIN, ACTING
:
COMMISSIONER OF SOCIAL SECURITY
:
Defendant.
:
ORDER
AND NOW, this 9th day of April 2015, upon consideration of the Plaintiff’s Request for
Review, Defendant’s response thereto, and upon review of the Report and Recommendation of
Magistrate Judge David R. Strawbridge, to which no objections have been filed, and after a
careful, independent review of the administrative record, it is hereby ORDERED that:
1. The Clerk of Court is DIRECTED to remove this action from civil suspense;
2. The Report and Recommendation is APPROVED AND ADOPTED1; and
3. The decision of the Acting Commissioner of Social Security denying Denise M. Gallo
social security disability insurance benefits and supplemental security income is VACATED and
the case is REMANDED to the Commissioner for further proceedings consistent with the
Report and Recommendation.
It is so ORDERED.
BY THE COURT:
/s/Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.
1

The Report and Recommendation comprehensively addressed the issues in this case, and the Court
adopts it in full. In particular, the Court agrees that the Administrative Law Judge (“ALJ”) improperly discounted
the opinion of Plaintiff’s treating neurologist, Dr. Gupta, based upon a misreading of the findings of physical
examinations, and substituted the ALJ’s lay understanding of the meaning of diagnostic tests for the opinion of the
treating physician. The Court also agrees that on remand, the ALJ should consider whether to send Plaintiff to a
consultative examiner or seek the testimony of a medical expert at the hearing.