ALTOMARE v. COLVIN

Filing 23

ORDER THAT THE CLERK OF COURT IS DIRECTED THIS ACTION FROM CIVIL SUSPENSE. PLAINTIFF'S OBJECTIONS ARE OVERRULED FOR THE REASONS SET FORTH IN THE R&R, AND THE R&R IS APPROVED AND ADOPTED. JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE;ETC.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 8/31/15. 9/1/15 ENTERED AND E-MAILED. (JL)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
ROBERT ALTOMARE,
:
Plaintiff,
:
v.
:
CIVIL ACTION NO. 13-7297
:
CAROLYN COLVIN, acting Commissioner
:
of the Social Security Administration,
:
Defendant.
:
__________________________________________:
ORDER
AND NOW, this 31st day of August 2015, upon consideration of the Plaintiff’s Motion in
Support of Request for Review [Doc. No. 12], Defendant’s response and Plaintiff’s reply, the
Report and Recommendation (”R & R”) of United States Magistrate Judge Carol Sandra Moore
Wells [Doc. No. 16], the objections thereto, and the response to the 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.

Plaintiff’s Objections are OVERRULED for the reasons set forth in the R & R,

and the R & R is APPROVED AND ADOPTED insofar as it addresses a) whether the ALJ
properly found that Plaintiff did not meet listed impairment 1.02; and b) whether the ALJ
properly assessed Plaintiff’s exertional limitations; and c) the propriety of applying Medical
Vocational Rule 201.09 when the ALJ has found that an individual is capable of light work;
3.

However, upon independent consideration of the record, and for the reasons stated

in the accompanying memorandum opinion, the Court DOES NOT APPROVE AND ADOPT
the R & R with regard to the ALJ’s treatment of Plaintiff’s mental illness.

4.

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 Memorandum Opinion and
Order.
5.

Judgment is entered in favor of Plaintiff Robert Altomare and against Defendant

Carolyn Colvin, Acting Commissioner of the Social Security Administration.
6.

The Clerk of Court is DIRECTED to close this case.

It is so ORDERED.

BY THE COURT:
/s/ Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.

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