ANASTASIO v. ASTRUE

Filing 13

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED AS FOLLOWS: THE PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED IN PART AND DENIED IN PART; AND THE CASE IS REMANDED TO THE COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/12/10. 1/13/10 ENTERED AND COPIES MAILED, E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ROBERTA C. ANASTASIO, Plaintiff, v. MICHAEL ASTRUE, Commissioner of the Social Security Administration, Defendant.

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CIVIL ACTION

NO. 08-3170

ORDER

AND NOW, this 12th day of January, 2010, upon consideration of the Report and Recommendation of Magistrate Judge Carol Sandra Moore Wells, to which no objections have been filed, it is hereby ORDERED that the Report and Recommendation is APPROVED and ADOPTED as follows: 1. part; and 2. The case is REMANDED to the Commissioner of Social Security The Plaintiff's Request for Review is GRANTED in part and DENIED in

Administration to allow the Administrative Law Judge (ALJ) to conduct additional proceedings consistent with the Report and Recommendation. On remand, the ALJ shall: (a) reconsider the findings of Dr. Penchansky concerning Plaintiff's CFS; (b) reconsider Plaintiff's credibility concerning her impairments related to CFS after accurately evaluating the evidence related to her credibility; (c) reconsider Plaintiff's RFC; and (d) pose hypothetical questions to the vocational expert which contain Plaintiff's new RFC assessment and take into account all of Plaintiff's

credible limitations to determine what, if any, job Plaintiff can perform in the national and regional economy.

BY THE COURT:

s/ Ronald L. Buckwalter RONALD L. BUCKWALTER, S.J.