EZZIO v. COMMISSIONER OF SOCIAL SECURITY

Filing 15

ORDER THAT THE CLERK OF COURT IS DIRECTED TO REMOVE THIS CASE FROM SUSPENSE AND RETURN IT TO THE ACTIVE DOCKET. THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THIS CASE IS REMANDED TO THE COMMISSIONER FOR FURTHER REVIEW.. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/12/2016. 10/13/2016 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TINA M. EZZIO,
Plaintiff,

v.
CAROLYN W. COLVIN,
Acting Commissioner of the
Social Security Administration,
Defendant.

CIVIL ACTION NO.
15-3363

ORDER
AND NOW, this 12th day of October 2016, after careful review and independent consideration of
the administrative record, and of the Report and Recommendation of United States Magistrate Judge
Jacob P. Hart, to which no objections have been filed, it is hereby ORDERED that:
1.

The Clerk of Court is directed to remove this action from the suspense docket and return

it to the active docket.
2.

The Report and Recommendation is APPROVED and ADOPTED; and

3.

This case is REMANDED to the Commissioner for further review consistent with the

Report and Recommendation, pursuant to the fourth sentence of 42 U.S.C. § 405(g). 1
It is so ORDERED.

1

The Magistrate Judge concluded that the ALJ erred in finding that Plaintiffs right hand impairment was nonsevere. The Report and Recommendation's careful review of the objective medical findings recorded by Plaintiffs
treating physicians and the consultative examiner supports the Magistrate Judge's determination that "it is
impossible to say that the impairment had no more than a minimal effect" on Plaintiffs ability to work. Doc. No. 13
at 6. On remand, the ALJ is directed to continue beyond step two of the sequential process to assess Plaintiffs
residual functional capacity. Respecting Plaintiffs fibromyalgia, the ALJ should take special note of the Magistrate
Judge's recommendation to consider whether Plaintiffs complaints of widespread pain attributed to other disorders
prior to January 2013 can fairly be attributed to her fibromyalgia. Additionally, the Court notes that the durational
requirement is satisfied when an impairment "has lasted or can be expected to last" for a continuous, twelve-month
period. 42 U.S.C. § 423(d)(l) (emphasis added); see also SSR 82-52. The ALJ may consider any updated medical
information and the record as a whole to assess if, and when, Plaintiffs fibromyalgia could be expected to last
twelve months. The ALJ may find a medical expert helpful to either (or both) of these inquiries.