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Juana V. Sosa De Mass v. Michael J. Astrue

November 15, 2011

JUANA V. SOSA DE MASS,
PLAINTIFF
v.
MICHAEL J. ASTRUE, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, DEFENDANT



The opinion of the court was delivered by: Norma L. Shapiro J.

ORDER

AND NOW, this 15th day of November, 2011, after careful review and independent consideration of the plaintiff's request for review, the defendant's response thereto, the plaintiff's reply, and the Report and Recommendation of Carol Sandra Moore Wells, United States Magistrate Judge, it is hereby ORDERED that:

1. The Report and Recommendation, to which no objections were filed, is APPROVED and ADOPTED;

2. Judgment is ENTERED in favor of the plaintiff, Juana V. Sosa De Mass, and against the defendant, Michael J. Astrue, Commissioner of the Social Security Administration; 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) properly assess the plaintiff's subjective complaints of pain; (b) reassess whether the plaintiff can perform her past work as a housekeeper; and, if not, (c) determine whether other work exists in the national economy that the plaintiff can perform.

It is so ORDERED.

BY THE COURT:

20111115

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