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Richard Harding Davis v. Michael Astrue

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


March 21, 2012

RICHARD HARDING DAVIS, PLAINTIFF,
v.
MICHAEL ASTRUE, DEFENDANT.

The opinion of the court was delivered by: Lawrence F. Stengel, J.

ORDER

AND NOW, this 21st day of March, 2012, upon careful and independentconsideration of plaintiff's request for review (Doc. No. 6), defendant's response thereto (Doc. No. 7), and the plaintiff's reply (Doc. No. 8), and after review of the Report and Recommendation of Chief United States Magistrate Judge Carol Sandra Moore Wells (Doc. No. 11), it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED.*fn1

2. The plaintiff's request for review is GRANTED IN PART and DENIED IN PART.

3. The case is REMANDED to the Commissioner of the Social Security Administration to allow the Administrative Law Judge ("ALJ") to conduct additional proceedings consistent with the Report and Recommendation. On remand, the ALJ shall:

(a) explicitly consider plaintiff's fatigue, (b) reconsider plaintiff's RFC including all of his exertional and non-exertional limitations; (c) reassess plaintiff's credibility, specifically considering his complaints of fatigue, and (d) pose hypothetical questions to the vocational expert which take into account all credible limitations.

BY THE COURT:

Lawrence F. Stengel


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