VARRASSE v. BERRYHILL

Filing 19

ORDER THAT THE CLERK IS DIRECTED TO REMOVE THE CASE FROM CIVIL SUSPENSE. THE R&R IS APPROVED AND ADOPTED. PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED AND THIS MATTER IS REMANDED TO THE COMMISSIONER FOR FURTHER REVIEW. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 1/22/18. 1/23/18 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
___________________________________
_
FREDERICK VARRASSE
:
Plaintiff,
:
:
v.
:
CIVIL ACTION NO. 17-766
:
NANCY A. BERRYHILL, ACTING
:
COMMISSIONER OF SOCIAL SECURITY
:
Defendant.
:
ORDER
AND NOW, this 22nd day of January 2018, upon careful and independent consideration
of Plaintiff’s Request for Review, the response and reply thereto, the administrative record, and
the Report and Recommendation (“R&R”) of United States Magistrate Judge Marilyn Heffley, to
which no objections have been filed, it is hereby ORDERED that:
1. The Clerk is directed to REMOVE the case from Civil Suspense;
2. The R&R [Doc. No. 17] is APPROVED and ADOPTED 1; and
3. Plaintiff’s Request for Review [Doc. No. 11] is GRANTED, and this matter is
REMANDED to the Commissioner for further review pursuant to the fourth sentence of 42
U.S.C. § 405(g).
It is so ORDERED.
BY THE COURT:
/s/Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.
1

The Court agrees with the detailed R&R that the opinion of the Administrative Law Judge (“ALJ”) was not
supported by substantial evidence with regard to the conclusion that after properly considering Plaintiff’s limitations
that there were a substantial number of jobs in the economy that Plaintiff could perform during the relevant time
period. The ALJ erred by relying on the testimony of the vocational expert where the examples of suitable job
categories conflicted with the requirements set forth in the Dictionary of Occupational Titles and its companion
publication and the discrepancy was not explained. The Court agrees that Plaintiff has not established that remand
for an award of benefits is warranted under the circumstances of this case.