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Plank v. Colvin

United States District Court, Third Circuit

December 6, 2013

PAMELA DAWN PLANK, Plaintiff,
v.
CAROLYN W. COLVIN Acting Commissioner of the Social Security Administration, Defendant.

ORDER

PAUL S. DIAMOND, District Judge.

AND NOW, this 6th day of December, 2013, upon consideration of the Report and Recommendation of Chief Magistrate Judge Carol Sandra Moore Wells (Doc. No. 14), to which no objections have been filed, it is hereby ORDERED as follows:

1. The Report and Recommendation is APPROVED and ADOPTED;
2. Plaintiff's Request for Review is GRANTED in part and DENIED in part;
3. The matter is REMANDED to the Commissioner of the Social Security Administration to allow the Administrative Law Judge to conduct additional proceedings consistent with the Report and Recommendation. On remand, the ALJ shall:
a. re-assess Dr. Carey's July 28, 2009 opinion to determine whether Plaintiff meets Listing 12.05(C);
b. consider Dr. Rudnick's opinion regarding Plaintiff's functional limitations;
c. re-assess Plaintiff's credibility;
d. reconsider Plaintiff's residual functional capacity; and
e. pose hypothetical questions to the vocational expert which take into account all of Plaintiff's credible limitations, including her borderline intellectual functioning, memory impairment, limitations in social functioning, concentration, persistence, or pace, hand numbness, pain, and propensity to drop objects.

AND IT IS SO ORDERED.


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