MAY v. BERRYHILL, 17-3123. (2018)
Court: District Court, E.D. Pennsylvania
Number: infdco20180207d23
Visitors: 6
Filed: Feb. 06, 2018
Latest Update: Feb. 06, 2018
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 6th day of February 2018, upon considering Plaintiffs Petition for Review (ECF Doc. No. 3) and Brief (ECF Doc. No. 10), the Commissioner's Response (ECF Doc. No. 11), Plaintiffs Reply (ECF Doc. No. 14) and for reasons in the accompanying Memorandum, it is ORDERED Plaintiffs Petition for Review (ECF Doc. No. 3) is GRANTED in part: 1. We remand to the Commissioner to promptly conduct a new hearing to re-evaluate the validity of al
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 6th day of February 2018, upon considering Plaintiffs Petition for Review (ECF Doc. No. 3) and Brief (ECF Doc. No. 10), the Commissioner's Response (ECF Doc. No. 11), Plaintiffs Reply (ECF Doc. No. 14) and for reasons in the accompanying Memorandum, it is ORDERED Plaintiffs Petition for Review (ECF Doc. No. 3) is GRANTED in part: 1. We remand to the Commissioner to promptly conduct a new hearing to re-evaluate the validity of all..
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ORDER
MARK A. KEARNEY, District Judge.
AND NOW, this 6th day of February 2018, upon considering Plaintiffs Petition for Review (ECF Doc. No. 3) and Brief (ECF Doc. No. 10), the Commissioner's Response (ECF Doc. No. 11), Plaintiffs Reply (ECF Doc. No. 14) and for reasons in the accompanying Memorandum, it is ORDERED Plaintiffs Petition for Review (ECF Doc. No. 3) is GRANTED in part:
1. We remand to the Commissioner to promptly conduct a new hearing to re-evaluate the validity of all of Plaintiffs IQ tests, make a finding on the validity of the IQ tests, explain the reasoning for rejecting as invalid IQ tests, if at all, in the context of Plaintiffs adaptive functioning, and determine whether Plaintiff meets the listing criteria of 12.05B or 12.05C; and,
2. To ensure proper review, the Commissioner shall file a status memorandum detailing the progress on the remand required under this Order on April 6, 2018 and every sixty days thereafter until reaching a final Order on the remand.
Source: Leagle
