Pendergraft v. Astrue

Filing 18

ORDER ADOPTING 17 Report and Recommendations. It is ORDERED that the complaint is REVERSED and REMANDED pursuant to sentence four of 42 USC 405(g) with instructions to obtain an explanation for and resolve the conflicts between the VE's testi mony and the DOT pursuant to SSR 00-4p; and with instructions to conduct a credibility analysis of plaintiff's subjective testimony pursuant to SSR 96-7p and consistent with this opinion. All motions not previously ruled upon are DENIED. Signed by Judge Michael H. Schneider on 8/24/11. (leh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

JERRY PENDERGRAFT

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vs.

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COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION

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CIVIL ACTION NO. 6:10-CV-32

ORDER ADOPTING REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contains her findings,
conclusions, and recommendation for the disposition of this action, has been presented for
consideration. The Report and Recommendation recommends that the action be reversed and
remanded pursuant to sentence four of 42 U.S.C. § 405(g) for such further administrative
proceedings consistent with the findings of the Magistrate Judge. No written objections have been
filed. The findings and conclusions of the Magistrate Judge are therefore adopted as those of the
Court.
In light of the foregoing, it is
ORDERED that the complaint is hereby REVERSED and REMANDED pursuant to
sentence four of 42 U.S.C. § 405(g) with instructions to obtain an explanation for and resolve the
conflicts between the vocational expert’s testimony and the Dictionary of Occupational Titles
pursuant to Social Security Ruling 00-4p; and with instructions to conduct a credibility analysis of
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.

Plaintiff’s subjective testimony pursuant to SSR 96-7p and consistent with the opinion above. It
is further
ORDERED that any motion not previously ruled on is DENIED.
SIGNED this 24th day of August, 2011.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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