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Luckey v. Astrue

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


February 14, 2008

WILLIE J. LUCKEY, JR., PLAINTIFF
v.
MICHAEL J. ASTRUE, DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 14th day of February, 2008 upon consideration of the report of the magistrate judge (Doc. 8), recommending that plaintiff's social security appeal be remanded to the Commissioner of Social Security, to which objections were filed (Docs. 9, 10), and, following an independent review of the record, it appearing that the administrative law judge ("ALJ") based her opinion of plaintiff's level of pain upon her observations at the hearing, see Aquino v. Harris, 516 F. Supp. 265, 272 (E.D. Pa. 1981) (stating that the ALJ cannot "substitute [her] personal judgment for medical evidence"), and that the ALJ failed to address all aspects of the occupational expert testimony,*fn1 see Cotter v. Harris, 642 F. 2d 700, 704 (3d Cir. 1981) (providing that the decision must be accompanied by "a clear and satisfactory explication of the basis on which it rests"), it is hereby ORDERED that:

1. The report and recommendation of the magistrate judge (Doc. 8) is ADOPTED.

2. The above-captioned case is REMANDED to the Commissioner of Social Security for further proceedings consistent with this order and the report and recommendation of the magistrate judge (Doc. 8).

3. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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