TERRY v. COLVIN

Filing 19

ORDER THAT THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE HENRY S. PERKIN 17 IS HEREBY APPROVED AND ADOPTED, ETC. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 02/03/2017. 02/03/2017 ENTERED AND COPIES E-MAILED.(nds)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA TRAVIS TERRY, Plaintiff, v. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. : : : : : : : : : : CIVIL ACTION No. 14-6514 O R D E R AND NOW, this 3rd day of February, 2017, after reviewing the Report and Recommendation of United States Magistrate Judge Henry S. Perkin (ECF No. 17), it is hereby ORDERED that: (1) The Report and Recommendation is APPROVED and ADOPTED;1 1 The Court agrees with Judge Perkin that the Administrative Law Judge (“ALJ”) appears to have not considered relevant and probative evidence in three of the six domains used to evaluate child disability, including acquiring and using information, attending and completing tasks, and interacting and relating to others. Further, it is troubling that the Commissioner did not respond at all to Plaintiff’s allegations regarding specific mischaracterizations, omissions, and selective quotations made by the ALJ to reach her decision that Plaintiff was not disabled. For example, the Commissioner did not respond at all to Plaintiff’s allegation that “the ALJ carelessly concluded that T.K.T. performed in the average range ‘in all areas, except for Body Concepts/Awareness’ on [five subtests of] the DTKR-II (Developmental Tasks for Kindergarten Readiness-II) test’ because she failed to turn the page and (3) Plaintiff’s request for review is GRANTED; (4) This matter is REMANDED to the Commissioner for further review consistent with this Order; and (5) The Clerk of Court shall mark this case as CLOSED. AND IT IS SO ORDERED. /s/ Eduardo C. Robreno EDUARDO C. ROBRENO, J. discover that there were an additional 13 subtest scores, including four on which Plaintiff’s score was below average and 8 of which Plaintiff’s score was significantly below average.” Pl.’s Reply at 3, ECF No. 8. In light of this and numerous other undefended and significant errors, the Court agrees with Judge Perkin that the ALJ’s decision was not supported by substantial evidence. 2

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