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Clarissa Jane Smith v. Michael J. Astrue

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


February 24, 2011

CLARISSA JANE SMITH, PLAINTIFF
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT

The opinion of the court was delivered by: James Knoll Gardner United States District Judge

ORDER

NOW, this 24th day of February, 2011, upon consideration of the following documents:

(1) Plaintiff's Motion for Summary Judgment or, in the Alternative, Plaintiff's Motion for Remand, which motion was filed May 13, 2010;

(2) Defendant's Response to Request for Review of Plaintiff, which response was filed June 17, 2010;

(3) Plaintiff's Reply Brief filed July 12, 2010; and

(4) Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey ("R&R") filed January 19, 2011;

upon consideration of plaintiff's Complaint, defendant's Answer and after a thorough review of the record in this matter; it appearing that neither party filed objections to Magistrate Judge Hey's Report and Recommendation; it further appearing that Magistrate Judge Hey's Report and Recommendation correctly determined the legal and factual issues presented in this case, IT IS ORDERED that Magistrate Judge Hey's Report and Recommendation is approved and adopted.

IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment or, in the Alternative, Plaintiff's Motion for Remand is granted in part and denied in part.*fn1

IT IS FURTHER ORDERED that judgment is entered in favor of plaintiff Clarissa Jane Smith and against defendant Michael J. Astrue, Commissioner of the Social Security Administration.

IT IS FURTHER ORDERED that the decision of the Commissioner dated April 20, 2009 and affirmed by the Appeals Council on November 24, 2009 which denied benefits to plaintiff Clarissa Jane Smith is reversed.

IT IS FURTHER ORDERED that pursuant to sentence four of 42 U.S.C. § 405(g), this matter is remanded to the Commissioner for further proceedings consistent with Magistrate Judge Hey's Report and Recommendation.*fn2

BY THE COURT:

plaintiff's treating psychiatrist, Dr. Rizvi, and the impact of such impairments on plaintiff's abilities. (R&R, page 14.)

2. Based on a complete review of plaintiff's mental impairments, the ALJ shall reevaluate whether plaintiff's impairments, together or alone, meet or equal the criteria of a listing giving rise to a presumption of disability. (R&R, page 15.)

3. Based on such a review, the ALJ shall revisit this issue of plaintiff's residual functional capacity. (R&R, page 15.)

4. If necessary, the ALJ shall obtain additional vocational expert testimony. (R&R, page 15.)


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