ROGERS v. BERRYHILL

Filing 15

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED. THIS CASE IS REMANDED TO THE COMMISSIONER OF SOCIAL SECURITY, PURSUANT TO SENTENCE FOUR OF 42 USC:405(G). SIGNED BY HONORABLE JOHN R. PADOVA ON 2/26/19. 2/26/19 ENTERED & E-MAILED.(fdc)

IN THE lI'.\!ITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVA~HA
KEVIN T. ROGERS,

CNILACTION
Plaintiff

v
NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,
Defendant

AND NOW, this

26

No. 18-50

~
day of

~

~ ..

, 2019, upon review of the Report and

Recommendation of Carol Sandra Moore Wells, United States Magistrate Judge, it is hereby
ORDERED as follows:

1.

The Report and Recommendation is APPROVED and ADOPTED.

2.

Plaintiffs Request for Review is GRANTED.

3.

This case is REMANDED to the Commissioner of Social Security, pursuant to
sentence four of 42 U.S.C. § 405(g). On remand, the Administrative Law Judge
shall (I) reconsider the weight to be accorded the opinions of Dr. Alcera and
therapist Gaines and Dr. Banks and, if necessary, obtain an updated opinion from a
State agency consultant based on the entire medical record; (2) reconsider whether
Plaintiff satisfies the criteria for Listing of Impairments 12.03, 12.04 and/or 12.06;
and (3) if necessary, formulate a new mental h alth RFC assessment and submit
those restrictions to a vocational expert.

BYTHE~YJ

//uA____ ~~

------ I J.
ohn R. Padova,

EN1•D FEB 2 6 Z.019

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