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Douglas R. Willis, Iii v. Michael J. Astrue

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


July 18, 2012

DOUGLAS R. WILLIS, III,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION.

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

ORDER

AND NOW , this 18th day of July 2012, after careful review and independent consideration of Plaintiff's Brief and Statement of Issues in Support of Request for Review [Doc. No. 8], Defendant's Response thereto [Doc. No. 12], and Plaintiff's Reply [Doc. No. 16], as well as the Report and Recommendation of United States Magistrate Judge Arnold C. Rapoport [Doc. No. 17], to which no objection has been filed, and the Record herein, it is hereby ORDERED as follows:

1. The Clerk of Court is directed to remove this action from the suspense docket and return it to the active docket;

2. The Report and Recommendation is APPROVED AND ADOPTED with modification; *fn1

3. Plaintiff's Request for Review is GRANTED ;

4. The case is REMANDED in accordance with 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendation as modified by this order. Specifically, upon remand, the Administrative Law Judge should: (1) properly develop evidence of Plaintiff's mental limitations; (2) consider non-exertional as well as exertional limits, consistent with Social Security Acquiescence Ruling 01-1(3), in evaluating Plaintiff's Residual Functional Capacity ("RFC"); and (3) reevaluate Plaintiff's RFC determination after either accepting and including, or rejecting and explaining, Plaintiff's twisting and reaching limitations.

5. The Clerk of Court is directed to CLOSE this action for statistical purposes. It is so ORDERED.

BY THE COURT:

Cynthia M. Rufe


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