MALDONADO FONTANEZ v. COLVIN

Filing 19

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE MATTER IS REMANDED TO THE COMMISSIONER FOR FURTHER PROCEEDINGS CONSISTENT WITH THE REPORT AND RECOMMENDATION. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 9/14/2017. 9/14/2017 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
EVELYN MALDONADO FONTANEZ
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security

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CIVIL ACTION
NO. 16-5510

ORDER
NOW, this 14th day of September, 2017, upon consideration of Plaintiff=s Brief and
Statement of Issues in Support of Request for Review (Document No. 9), the defendant=s
response (Document No. 12), the plaintiff’s reply (Document No. 15), the Report and
Recommendation of United States Magistrate Judge Sandra Moore Wells (Document No.
17), and after a thorough and independent review of the record, it is ORDERED as
follows::
1.

The Report and Recommendation is APPROVED and ADOPTED;

2.

To the extent the plaintiff seeks remand, the request for review is

GRANTED (Document Nos. 9 and 15);
3.

The matter is REMANDED to the Commissioner, pursuant to sentence four

of 42 U.S.C. '405(g), for further proceedings consistent with the Report and
Recommendation of United States Magistrate Judge Sandra Moore Wells; and
4.

On remand, the Administrative Law Judge shall:
(1)

Reconsider the weight to be accorded the opinions of Drs. Herrera

and Rohar and, if necessary, obtain an updated opinion from a State agency consultant
based on the entire medical record;
(2)

Review the evidence of record and formulate a new RFC

assessment addressing plaintiff’s ability to interact with other individuals; and
(c)

Clarify the basis of the limitation to ten percent off-task time in a day,

and explain how this limitation does not correlate with a work-preclusive level of
absenteeism.

/s/TIMOTHY J. SAVAGE