PLANK v. ASTRUE

Filing 15

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED IN PART AND DENIED IN PART; THE MATTER IS REMANDED TO THE COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, ETC. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/5/13. 12/6/13 ENTERED AND COPIES E-MAILED, ETC.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
PAMELA DAWN PLANK
Plaintiff,
v.
CAROLYN W. COLVIN
Acting Commissioner of the Social
Security Administration,
Defendant.
____________________________________

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Civ. No. 12-4144

ORDER
AND NOW, this 6th day of December, 2013, upon consideration of the Report and
Recommendation of Chief Magistrate Judge Carol Sandra Moore Wells (Doc. No. 14) , to which
no objections have been filed, it is hereby ORDERED as follows:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. Plaintiff’s Request for Review is GRANTED in part and DENIED in part;
3. The matter is REMANDED to the Commissioner of the Social Security Administration
to allow the Administrative Law Judge to conduct additional proceedings consistent with
the Report and Recommendation. On remand, the ALJ shall:
a. re-assess Dr. Carey’s July 28, 2009 opinion to determine whether Plaintiff meets
Listing 12.05(C);
b. consider Dr. Rudnick’s opinion regarding Plaintiff’s functional limitations;
c. re-assess Plaintiff’s credibility;
d. reconsider Plaintiff’s residual functional capacity; and

e. pose hypothetical questions to the vocational expert which take into account all of
Plaintiff’s credible limitations, including her borderline intellectual functioning,
memory impairment, limitations in social functioning, concentration, persistence,
or pace, hand numbness, pain, and propensity to drop objects.

AND IT IS SO ORDERED.
/s/ Paul S. Diamond
___________________
Paul S. Diamond, J.