Zerbe v. Astrue

Filing 15

ORDER (memorandum filed previously as separate docket entry)1. The Clerk of Court shall enter judgment in favor of Erica M. Zerbe and against the Commissioner of Social Security as set forth in the following paragraph.2. The decision of the Commissio ner of Social Security denying Erica M. Zerbe social security disability insurance benefits and supplemental security income benefits is vacated and the case remanded to the Commissioner of Social Security to Conduct a new administrative hearing and; Properly evaluate the evidence and opinions presented by Gary Kemberling, D.O. and, if necessary, elicit further medical opinion regarding Zerbes residual functional capacity;Evaluate all of Zerbes medically determinable impairments and their respec tive impact on Zerbes residual functional capacity;Evaluate evidence relating to Zerbes use of an assistive device for ambulation and evaluate the impact of medication side effects on Zerbes residual functional capacity; Appropriately evaluate Zerbes credibility and consider the third party statements of Maria Bilge and Timothy Zerbe. (eo)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ERICA M. ZERBE,

:
:
Plaintiff,
:
:
v.
:
:
CAROLYN W. COLVIN, ACTING :
COMMISSIONER OF SOCIAL
:
SECURITY,
:
:
Defendant.
:

3:12-cv-01831
Hon. John E. Jones III

ORDER
June 26, 2014
In accordance with the accompanying memorandum, IT IS HEREBY
ORDERED THAT:
1. The Clerk of Court shall enter judgment in favor of Erica M. Zerbe and
against the Commissioner of Social Security as set forth in the following
paragraph.
2. The decision of the Commissioner of Social Security denying Erica M.
Zerbe social security disability insurance benefits and supplemental security
income benefits is vacated and the case remanded to the Commissioner of Social
Security to
Conduct a new administrative hearing and;

Properly evaluate the evidence and opinions presented by Gary Kemberling,
D.O. and, if necessary, elicit further medical opinion regarding Zerbe’s residual
functional capacity;
Evaluate all of Zerbe’s medically determinable impairments and their
respective impact on Zerbe’s residual functional capacity;
Evaluate evidence relating to Zerbe’s use of an assistive device for
ambulation and evaluate the impact of medication side effects on Zerbe’s residual
functional capacity;
Appropriately evaluate Zerbe’s credibility and consider the third party
statements of Maria Bilge and Timothy Zerbe.

BY THE COURT:
s/John E. Jones III
John E. Jones III
United States District Judge