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Pendleton v. Astrue

United States District Court, E.D. Pennsylvania
Apr 8, 2011
CIVIL ACTION No. 09-3667 (E.D. Pa. Apr. 8, 2011)

Opinion

CIVIL ACTION No. 09-3667.

April 8, 2011


ORDER


AND NOW, this 8th day of April, 2011, upon review and independent consideration of Plaintiff Kim Pendleton's Motion for Summary Judgment, Ms. Pendleton's Brief and Statement of Issues in Support of Request for Review, Defendant's Response thereto, and the Report and Recommendation of U.S. Magistrate Judge Sandra Moore Wells, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED.
2. Plaintiff's Request for Review is GRANTED in part and DENIED in part;
3. This case is REMANDED to the Commissioner so that the Administrative Law Judge ("ALJ") can conduct additional proceedings consistent with the Report and Recommendation.
4. This case is placed in SUSPENSE pending the outcome of the ALJ proceedings.

Specifically, upon remand, the ALJ shall (1) assess Plaintiff's asthma; (2) assess Plaintiff's depression; (3) reassess Plaintiff's residual functional capacity, considering all of her impairments and their exertional and non-exertional limitations; and (4) if necessary, submit a complete and accurate hypothetical question to a vocational expert, allowing Plaintiff opportunity to respond to the expert's conclusions.


Summaries of

Pendleton v. Astrue

United States District Court, E.D. Pennsylvania
Apr 8, 2011
CIVIL ACTION No. 09-3667 (E.D. Pa. Apr. 8, 2011)
Case details for

Pendleton v. Astrue

Case Details

Full title:KIM PENDLETON, Plaintiff, v. MICHAEL ASTRUE, Commissioner of Social…

Court:United States District Court, E.D. Pennsylvania

Date published: Apr 8, 2011

Citations

CIVIL ACTION No. 09-3667 (E.D. Pa. Apr. 8, 2011)