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Robins v. Colvin

United States District Court, Third Circuit

January 29, 2014

SALLY A. ROBINS, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.

ORDER

PETRESE B. TUCKER, Chief District Judge.

AND NOW, this 28th day of, January 2013, after careful review and independent consideration of the Plaintiffs request for review, Defendant's response, Plaintiffs reply and review of the Report and Recommendation of Carol Sandra Moore Wells, Chief United States Magistrate Judge, it is hereby ORDERED that:

(1) The Report and Recommendation is APPROVED and ADOPTED;
(2) The Plaintiffs Request for Review is GRANTED in part and DENIED in part;
(3) The matter be REMANDED to the Commissioner of 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 Plaintiffs MRI report of February 25, 2011; (b) re-assess Dr. Kennedy's 2010 opinion regarding Plaintiffs physical functional limitations and obtain a new residual functional capacity assessment from an acceptable medical source, (c) re-assess Plaintiffs and Ms. Michela Robins' credibility; (d) reconsider Plaintiffs residual functional capacity; (e) fully develop the record by either contacting Dr. Falgowski for his medical records or obtaining a consultative examination of Plaintiff's mental impairment, and (f) pose hypothetical questions to the vocational expert which take into account all of Plaintiffs credible limitations.

It be so ORDERED.


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