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Brown v. Astrue

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


July 14, 2009

VANESSA R. BROWN, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION. DEFENDANTS.

The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER

AND NOW, this 14th day of July, 2009, upon consideration of careful review of Plaintiff's Request for Review [Doc. No. 10], Defendant's Response in Opposition [Doc. No. 15], and Plaintiff's Reply [Doc. No.16], as well as the attached Report and Recommendation of Magistrate Judge Carol Sandra Moore Wells [Doc. No. 20], to which no objection has been filed, and the Record herein, it is hereby ORDERED as follows:

1. The Clerk of Court is directed to remove this action from the suspense docket and return it to the active docket;

2. The Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells, dated January 29, 2009, is APPROVED AND ADOPTED in full;*fn1

3. The Plaintiff's Request for Review is GRANTED IN PART AND DENIED IN PART;

4. The case is REMANDED in accordance with the fourth sentence of 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendation of Magistrate Judge Wells. Specifically, upon remand, the Administrative Law Judge ("ALJ") should: (a) obtain additional, suitable evidence (vocational expert testimony, use of a learned treatise, or administrative notice with Plaintiff's opportunity to rebut) to determine whether Plaintiff is able to work; (b) include in the residual functional capacity assessment and in posing a hypothetical question to the vocational expert, Plaintiff's deficiency in concentration, persistence, and pace and; (c) reconsider the findings of Janet Horowitz, Psy. D., acknowledging Plaintiff's testimony that her mental impairment limits her daily functioning.

5. The Clerk of court is directed to CLOSE this action for statistical purposes.

It is so ORDERED.


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