Costanzi v. Colvin

Filing 14

ORDER ADOPTING REPORT 11 of Magistrate Judge Cohn, directing Clrk of Ct to enter jdgmt in favor of Costanzi & against Commissioner, vacating Commissioner's decision denying app for disability insurance benefits of Costanzi & REMANDING matter to Commissioner, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 11/6/15. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
SHIRLEY A. COSTANZI,
Plaintiff
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant

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CIVIL ACTION NO. 1:14-CV-752
(Chief Judge Conner)

ORDER
AND NOW, this 6th day of November, 2015, upon consideration of the report
(Doc. 11) of Magistrate Judge Gerald B. Cohn, recommending the court vacate the
decision of the administrative law judge and remand the above-captioned matter for
further proceedings with respect to the application for disability insurance benefits
of plaintiff Shirley A. Costanzi (“Costanzi”), wherein Judge Cohn concludes that the
administrative law judge’s decision is not “supported by substantial evidence,” 42
U.S.C. § 405(g), and finds specifically that the administrative law judge improperly
assessed a residual functional capacity with greater capabilities than all submitted
medical opinions regarding Costanzi’s physical function, (see Doc. 11 at 19-26),
erred in relying on Costanzi’s noncompliance with her recommended course of
medical treatment without considering her explanations for noncompliance, (see id.
at 26), and failed to explain adequately her rejection of mental limitation opinions
authored by numerous treating examining sources in favor of a state agency source
opinion, (see id. at 27), and wherein Judge Cohn recommends that the matter be

remanded for full development of the record and a new administrative hearing,
and the court noting that the Commissioner of Social Security (“Commissioner”)
has objected to the report, (Doc. 12), and Costanzi has filed a response (Doc. 13) in
support of Judge Cohn’s recommendations, and following a de novo review of the
contested portions of the report, see Behar v. Pa. Dep’t of Trans., 791 F. Supp. 2d
383, 389 (M.D. Pa. 2011) (citing Sample v. Diecks, 885 F.2d 1099, 1106 n.3 (3d Cir.
1989); 28 U.S.C. § 636(b)(1)(C)), and applying a clear error standard of review to the
uncontested portions, see Cruz v. Chater, 990 F. Supp. 375, 376-78 (M.D. Pa. 1999),
the court finding Judge Cohn’s analysis to be thorough, well-reasoned, and fully
supported by the record, and further finding the Commissioner’s objection to be
without merit and squarely addressed by the report, it is hereby ORDERED that:
1.

The report (Doc. 11) of Magistrate Judge Cohn is ADOPTED.

2.

The Clerk of Court shall enter judgment in favor of Shirley A. Costanzi
and against the Commissioner as set forth in the following paragraph.

3.

The Commissioner’s decision denying the application for disability
insurance benefits of Shirley A. Costanzi is VACATED. This matter is
REMANDED to the Commissioner with instructions to conduct a new
administrative hearing, develop the record fully, and evaluate the
evidence appropriately in accordance with this order and the report
(Doc. 11) of Magistrate Judge Cohn.

4.

The Clerk of Court is directed to CLOSE this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania