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Brown v. Colvin

United States District Court, E.D. Pennsylvania

March 7, 2014

SONIA BROWN, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.

ORDER

GENE E.K. PRATTER, District Judge.

AND NOW, this 7th day of March, 2014, upon consideration of Ms. Brown's Brief and Statement of Issues in Support of Request for Review (Docket No. 8) and Defendant's Response to Ms. Brown's Request for Review (Docket No. 10), and after review of Chief United States Magistrate Judge Carol Sandra Moore Wells's Report and Recommendation (Docket No. 11), to which no objections have been filed, [1] it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED.[2]
2. Ms. Brown's Request for Review is GRANTED in part and DENIED in part, and the decision of the Commissioner of the Social Security Administration is REVERSED to the extent that the matter is REMANDED to the Commissioner under sentence four of 42 U.S.C. ยง 405(g) for further proceedings consistent with Judge Wells's Report and Recommendation. The Comissioner shall:
a. Reconsider Dr. Shaw's May 26, 2010 assessment;
b. reconsider Ms. Brown's residual functional capacity in light of all her physical limitations;
c. consider Ms. Brown's potential "borderline" age situation; and
d. if necessary, pose hypothetical questions to the vocational expert that take into account all of Ms. Brown's credible limitations.

3. JUDGMENT IS ENTERED in favor of Ms. Brown, thereby reversing the decision of the Commissioner for the purpose of this remand only.

4. The Clerk of Court shall mark this case CLOSED for all purposes, including statistics.


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