DEBIAS v. ASTRUE

Filing 17

ORDER THAT THE COURT APPROVES & ADOPTS CHIEF MAGISTRATE JUDGE CAROL SANDRA MOORE WELLS' REPORT & RECOMMENDATION IN PART & REJECTS IT IN PART. PLFF'S REQUEST FOR REVIEW IS GRANTED IN PART, DENIED IN PART, & THE COURT REMANDS THIS CASE TO THE COMMISSIONER FOR FURTHER PROCEEDINGS CONSISTENT WITH THE ACCOMPANYING MEMORANDUM OPINION, ETC. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 6/11/12. 6/12/12 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DON ALLEN DEBIAS, JR.,

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Plaintiff,
v.
MICHAEL J. ASTRUE,
Defendant.

CIVIL ACTION
NO. 11-3545

O R D E R
AND NOW, this 11th day of June, 2012, it is hereby
ORDERED that the Court APPROVES and ADOPTS Chief Magistrate
Judge Carol Sandra Moore Wells’s Report and Recommendation in
part and rejects it in part.

Plaintiff’s request for review is

GRANTED in part, DENIED in part, and the Court REMANDS this case
to the Commissioner for further proceedings consistent with the
accompanying Memorandum Opinion.

In particular, on remand the

ALJ shall pose a complete and accurate hypothetical to the VE
providing specific detail about Plaintiff’s moderate social
function impairment.

In order to fully develop the record, the

ALJ shall also obtain legible treatment notes from Dr. Lychak
and determine based upon those notes the appropriate weight to
give to Dr. Lychak’s December 9, 2009, opinion.

In doing so,

the ALJ should provide a full explanation in accordance with 20
C.F.R. §§ 416.927(c)(1)-(6).

In addition, if after reviewing

the legible notes the ALJ finds Dr. Lychak’s December 9, 2009,
opinion is consistent with the other medical evidence of record,
the ALJ should consider obtaining a new opinion from the state
agency’s physician, or explain why such an opinion is not
necessary.

AND IT IS SO ORDERED.

_s/Eduardo C. Robreno_____
EDUARDO C. ROBRENO, J.

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