Bedell v. Social Security Administration, Commissioner

Filing 31

ORDER ADOPTING 30 REPORT AND RECOMMENDATION ; granting 25 Motion for Order Reversing the Decision of the Commissioner; denying 29 Motion for Order Affirming the Decision of the Commissioner.This matter is REMANDED to the Administrative Law Judge (ALJ) for further proceedings and a new decision. Signed by District Judge J. Garvan Murtha on 1/23/2014. (wjf)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT

GINGER RUTH BEDELL,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

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File No. 1:12-cv-126-jgm

ORDER
The Magistrate Judge's Report and Recommendation was filed December 12,
2013. (Doc. 30.) After de novo review and absent objection, the Report and
Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. §
636(b)(1).
Plaintiff’s motion to reverse the decision of the Commissioner (Doc. 25) is
GRANTED. Defendant’s motion to affirm the decision (Doc. 29) is DENIED. This matter
is REMANDED to the Administrative Law Judge (“ALJ”) for further proceedings and a new
decision, including reassessment of the medical and non-medical opinions, particularly the
opinions of NP Malone-Rising, service coordinator Silveria, and social worker Johnson.
The ALJ may be required to request updated assessments from the agency consultants
on remand, in light of the more recent opinions of NP Malone-Rising, service coordinator
Silveria, and social worker Johnson.
SO ORDERED.
Dated at Brattleboro, in the District of Vermont, this 23rd day of January, 2014.

/s/ J. Garvan Murtha
Honorable J. Garvan Murtha
United States District Judge