ABREU v. COLVIN
ORDER THAT THE REPORT AND RECOMMENDATION IS ADOPTED. THIS CASE IS REMANDED TO THE ACTING COMMISSIONER, PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(G), SO THAT THE ADMINISTRATIVE LAW JUDGE CAN PROPERLY CONSIDER THE DEGREE OF ABSENTEEISM PLAINTI FFS HISTORY OF RECURRING KIDNEY STONES WOULD CAUSE. IF NECESSARY, THE ADMINISTRATIVE LAW JUDGE SHOULD OBTAIN TESTIMONY FROM A VOCATIONAL EXPERT REGARDING WHETHER PLAINTIFFS DOCUMENTED TREATMENT RECORD WOULD CAUSE INTOLERABLE, AND WORK-PRECLUSIVE, ABSENTEEISM. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR. ON 12/6/16. 12/7/16 ENTERED AND COPIES E-MAILED.(mas, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
YESENIA LEE ABREU,
CAROLYN W. COLVIN, Acting Commissioner
of Social Security,
And now, this 6th day of December, 2016, upon consideration of the Report and
Recommendation of United States Magistrate Judge Carol Sandra Moore Wells, ECF No. 19,
and the lack of any timely objection, 1 IT IS ORDERED as follows:
The Report and Recommendation is adopted.
This case is REMANDED to the Acting Commissioner, pursuant to sentence four
of 42 U.S.C. § 405(g), so that the administrative law judge can properly consider
the degree of absenteeism Plaintiff’s history of recurring kidney stones would
cause. If necessary, the administrative law judge should obtain testimony from a
vocational expert regarding whether Plaintiff’s documented treatment record
would cause intolerable, and work-preclusive, absenteeism.
The Clerk of Court shall close this case.
BY THE COURT:
/s/ Joseph F. Leeson, Jr.____________
JOSEPH F. LEESON, JR.
United States District Judge
See 28 U.S.C. § 636(b)(1)(C).
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