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Cassidy v. Astrue

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


April 7, 2010

DAVID J. CASSIDY, PLAINTIFF,
v.
MICHAEL ASTRUE, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, DEFENDANT.

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

ORDER

AND NOW, this 7 th day of April, 2010, after careful review and independent consideration of Plaintiff's Complaint, Plaintiff's Statement of Issues in Support of Request for review, Defendant's Answer, Defendant's Response to Request for Review, and the administrative record, and upon review of the Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski, and noting that no objections have been filed, it is hereby ORDERED that the Report and Recommendation is APPROVED and ADOPTED IN PART

1. It is APPROVED and ADOPTED as it relates to the ALJ's assessment of Plaintiff's residual functional capacity and ability to perform past relevant work, for the reasons provide therein;

2. It is NOT APPROVED insofar as it relates to the ALJ's finding that Plaintiff's mental impairments were not severe at Step Two of the sequential evaluation.*fn1

It is further ORDERED that the final decision of the Commissioner of Social Security, which denied benefits to the Plaintiff, is REVERSED , as it is unsupported by substantial evidence, and this matter is REMANDED to the Commissioner for further proceedings consistent with this Order and Judge Sitarski's Report and Recommendation.*fn2 Upon remand, the ALJ shall:

(a) reassess the severity of Plaintiff's mental health impairments at Step Two;

(b) re-evaluate Plaintiff's residual functional capacity considering all exertional*fn3 and non-exertional limitations, regardless of whether Plaintiff's mental health impairments are found to be "severe" at Step Two; and

(c) reassess whether Plaintiff can perform his past work, in light of both physical and mental limitations.

The Clerk of Court is DIRECTED to mark this case CLOSED.

It is so ORDERED.


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