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Barringer v. Colvin

United States District Court, Third Circuit

October 23, 2013

CURTIS ANDREW BARRINGER, JR., Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.

ORDER

PETRESE B. TUCKER, Chief District Judge.

AND NOW, this ____ day of October, 2013, after careful consideration of Plaintiff's Request for Review, Defendant's Response, the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells, Defendant's Objections, and Plaintiff's Response, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED; and
2. This case is REMANDED to the Commissioner of Social Security, pursuant to sentence four of 42 U.S.C. ยง 405(g), so that the Administrative Law Judge can: (a) explicitly consider Plaintiff's Global Assessment of Functioning ("GAF") scores of 35 and 42 and reconsider whether he should regard Plaintiff's mental functioning as being more consistent with a GAF of 40 than a GAF of 55; and (b) include Plaintiff's moderate limitation in concentration, persistence or pace in the residual functional capacity assessment in any hypothetical questioned posed to the Vocational Expert.

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