Opinion
Civil Action 2:07-cv-796.
March 23, 2009
ORDER
This matter is before the Court on plaintiff Jerry L. Angelo's January 8, 2009 motion for relief from judgment (doc. 25). Plaintiff's' motion is GRANTED.
Plaintiff argues that the Magistrate Judge's June 19, 2008 and the Court's August 22, 2008 Order remanded this case for full reconsideration and complete evaluation of plaintiff's conditions. The administrative law judge expressed the view that the remand was limited solely to reconsideration of the issue of obesity.
The Magistrate Judge stated that "the decision does not indicate that Plaintiff's residual functional capacity was assessed in a manner consistent with SSR 02-01p. There is no indication of the individual and/or combined effect of Angelo's obesity on other illnesses." Report Recommendation, p. 10 (footnote omitted). Despite this finding, the Magistrate Judge also concluded that there was substantial evidence supporting the administrative law judge's conclusion that plaintiff did not meet or equal Listing 12.05(C) because the evidence supported the finding that Angelo was not mentally retarded and had not suffered from significant subaverage intellectual functioning with deficits in adaptive behavior initially manifested before age 22.
The Court's August 22, 2008 Order noted that plaintiff's objection essentially petitioned the Court to vacate that portion of the Report and Recommendation that affirmed the administrative law judge's decision that plaintiff's physical and mental impairments did not meet or equal Listing 12.05(c). The Court sustained Angelo's objection.
Accordingly, this case was remanded for a complete re-evaluation of the evidence and record and record beginning at step 3 of the sequential evaluation pursuant to 20 C.F.R. § 404.1520(a) and will include consideration in light of Social Security Ruling 02-01p.