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Goss v. Astrue

United States District Court, M.D. Pennsylvania

March 6, 2014

MARY GOSS, Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 6th day of March, 2014, upon consideration of the complaint (Doc. 1) of plaintiff Mary Goss ("Goss") seeking review of a decision of the Commissioner of Social Security[1] ("Commissioner") denying her claim for supplemental security income, and further upon consideration of the report and recommendation (Doc. 13) of Chief Magistrate Judge Martin C. Carlson, recommending the court remand the matter to the Commissioner for further consideration of the medical evidence and Goss's subjective testimony, and, following an independent review of the record, the court agreeing with Judge Carlson that the administrative law judge ("ALJ") erroneously based his decision on multiple and material factual misstatements, (id. at 24-26 (noting, for example, ALJ's inaccurate representation that Goss takes pain medication twice monthly rather than daily), and further failed to sufficiently explain his credibility determinations, (id. at 21-24 (observing that ALJ used boilerplate language in rejecting Goss's subjective testimony notwithstanding corroborating evidence demonstrating limited range of motion)), and it appearing that neither party has objected to the report, [2] and that there is no clear error on the face of the record, [3] see Nara v. Frank , 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report of the magistrate judge (Doc. 13) is ADOPTED in its entirety.
2. The Clerk of Court shall enter judgment in favor of Goss and against the Commissioner as set forth in the following paragraphs.
3. The decision of the Commissioner denying Goss's application for supplemental security income is VACATED.
4. The above-captioned matter case is REMANDED to the Commissioner for additional consideration of the medical evidence and Goss's subjective testimony consistent with this order and the magistrate judge's report. After reconsideration, the Commissioner shall issue a new decision.
5. The Clerk of Court shall CLOSE this case.

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