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.