PRESTON v. BERRYHILL

Filing 19

ORDER THAT THE REPORT AND RECOMMENDATION 17 IS APPROVED AND ADOPTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/5/19. 12/6/19 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KAREN ANN PRESTON,
Plaintiff,

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v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

Civ. No. 18-2020

ORDER
AND NOW, this 5th day of December, 2019, upon consideration of Plaintiff’s Brief and
Statement of Issues in Support of Request for Review (Doc. No. 9), Defendant’s Response (Doc.
Nos. 12, 13), and Plaintiff’s Reply (Doc. No. 14), as well as the administrative record herein (Doc.
Nos. 5, 8), and after careful review of the Report and Recommendation of United States Magistrate
Judge Carol Sandra Moore Wells (Doc. No. 17), to which no objections have been made, it is
hereby ORDERED that:
1. The Report and Recommendation (Doc. No. 17) is APPROVED and ADOPTED;
2. The relief sought in Plaintiff’s Brief and Statement of Issues in Support of Request for
Review (Doc. No. 9) is GRANTED;
3. This case is REMANDED to the Commissioner of Social Security so that the ALJ can:
(a) discuss the evidence and provide an adequate explanation of the weight accorded to
Dr. Goebel’s report and explain her determination that Plaintiff’s impairment does not
meet the “paragraph C” criteria for the relevant listed impairments; (b) properly assess
Plaintiff’s credibility, properly weigh the medical opinion evidence, and reassess
Plaintiff’s mental RFC; and (c) properly apply Plaintiff’s age on her last insured date
and explicitly incorporate that age in her hypothetical questions to the VE;

4. JUDGMENT is entered in favor of Plaintiff Karen Ann Preston, and against Defendant
Nancy A. Berryhill, Commissioner of Social Security;
5. The Clerk of Court shall CLOSE this case.
AND IT IS SO ORDERED.

December 5, 2019

/s/ Paul S. Diamond
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Paul S. Diamond, J.