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Vulakh v. Astrue

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


December 30, 2009

BRONISLAV VULAKH, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

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

ORDER

AND NOW, this 30th day of December, 2009, after careful review and independent consideration of Plaintiff's request for review, Defendant's response thereto, Plaintiff's reply, and review of the Report and Recommendation of Carol Sandra Moore Wells, United States Magistrate Judge, to which no Objections are filed, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED;

2. Plaintiff's Request for Review is GRANTED in part and DENIED in part; and

3. The case is REMANDED to the Commissioner of the Social Security Administration so that the Administrative Law Judge ("ALJ") can conduct additional proceedings consistent with the Report and Recommendation. Specifically, upon remand, the ALJ shall: (a) clearly articulate whether Plaintiff has the residual functional capacity to perform semi-skilled work;

(b) ask a vocational expert whether Plaintiff's moderate restriction on his ability to interact appropriately with the public precludes his past relevant work;

(c) expressly determine whether Plaintiff can perform work that involves the stress of mixed salaried and commissioned sales; and

(d) explain adequately why Plaintiff's Global Assessment of Functioning scores are inconsistent with his treatment notes.

It is so ORDERED.

20091230

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