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Christine Hans v. Michael J. Astrue

December 19, 2011

CHRISTINE HANS
v.
MICHAEL J. ASTRUE, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION



The opinion of the court was delivered by: John R. Padova, J.

ORDER

AND NOW, this 19th day of December, 2011, upon careful and independent consideration of Plaintiff's Request for Review (Docket No. 8), the response thereto, and Plaintiff's Reply Brief, and after review of the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells, to which no objections have been made, IT IS HEREBY ORDERED as follows:

1. The Report and Recommendation is APPROVED and ADOPTED.

2. The relief sought by Plaintiff is GRANTED to the extent that the case is REMANDED to the Commissioner, pursuant to the fourth sentence of 42 U.S.C. § 405(g), so that the Administrative Law Judge can: (a) expressly address Plaintiff's GAF scores of 40 and 46; (b) reassess Plaintiff's credibility by explicitly considering her testimony, evidence of treatment for pain, written evidence concerning difficulty following instructions, written evidence concerning fatigue and pain, and accurately considering written evidence concerning daily activities; and (c) reassess Plaintiff's residual functional capacity.

3. JUDGMENT IS ENTERED in favor of Plaintiff and against the Commissioner of the Social Security Administration.

BY THE COURT:

John R. Padova

20111219

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