United States District Court, M.D. Pennsylvania
March 6, 2014
MARTIN F. PEAK, Plaintiff,
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
CHRISTOPHER C. CONNER, Chief District Judge.
AND NOW, this 6th day of March, 2014, upon consideration of the report and recommendation (Doc. 16) of Chief Magistrate Judge Martin C. Carlson, recommending the court vacate the decision of the administrative law judge ("ALJ") and remand the above-captioned matter for further proceedings with respect to the application for disability benefits filed by Martin F. Peak ("Peak"), wherein Judge Carlson concludes that the ALJ's noncompliance with the court's prior remand order, see Peak v. Astrue, No. 1:10-cv-889 (M.D. Pa. Jan. 24, 2011), violates the law of the case doctrine and compels a second remand of this matter, and, after an independent review of the record, and the court noting that both the Commissioner of Social Security ("Commissioner") and Peak have filed objections (Docs. 17-18) to the report, and the court finding Judge Carlson's analysis to be thorough, well-reasoned, and fully supported by the record, and the court further finding the parties' objections to be without merit,  and fully addressed by the magistrate judge's report, it is hereby ORDERED that:
1. The report (Doc. 16) of Chief Magistrate Judge Carlson is ADOPTED.
2. The Clerk of Court shall enter judgment in favor of Martin F. Peak and against the Commissioner as set forth in the following paragraph.
3. The decision of the Commissioner of Social Security denying Martin F. Peak disability insurance benefits is VACATED and the case REMANDED to the Commissioner for assignment to a new ALJ for reevaluation of the evidence and issuance of a new decision with strict instructions that the assigned ALJ shall not assign any weight to the form opinion of the state agency disability examiner in reconsidering Peak's application.