Filed: Mar. 30, 2016
Latest Update: Mar. 30, 2016
Summary: ORDER JAMES KNOLL GARDNER , District Judge . NOW, this 28th day of March, 2016, upon consideration of the following documents: (1) Decision of Administrative Law Judge Nancy Lisewski dated September 20, 2012; 1 (2) Complaint filed February 6, 2014; (3) Answer filed April 11, 2014; (4) Plaintiff's Motion in Support of Request for Review, which motion was filed April 24, 2014, together with Plaintiff Denisse Torres' Brief and Statement of Issues in Support of Her Request for Review and E
Summary: ORDER JAMES KNOLL GARDNER , District Judge . NOW, this 28th day of March, 2016, upon consideration of the following documents: (1) Decision of Administrative Law Judge Nancy Lisewski dated September 20, 2012; 1 (2) Complaint filed February 6, 2014; (3) Answer filed April 11, 2014; (4) Plaintiff's Motion in Support of Request for Review, which motion was filed April 24, 2014, together with Plaintiff Denisse Torres' Brief and Statement of Issues in Support of Her Request for Review and Ex..
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ORDER
JAMES KNOLL GARDNER, District Judge.
NOW, this 28th day of March, 2016, upon consideration of the following documents:
(1) Decision of Administrative Law Judge Nancy Lisewski dated September 20, 2012;1
(2) Complaint filed February 6, 2014;
(3) Answer filed April 11, 2014;
(4) Plaintiff's Motion in Support of Request for Review, which motion was filed April 24, 2014, together with Plaintiff Denisse Torres' Brief and Statement of Issues in Support of Her Request for Review and Exhibits A and B;
(5) Defendant's Response to Request for Review of Plaintiff, which response was filed June 27, 2014;
(6) Plaintiff Denisse Torres' Reply to "Defendant's Response to Request for Review of Plaintiff", which reply was filed July 7, 2014; and
(7) Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey dated and filed December 21, 2015;
after a thorough review of the record in this matter; it appearing that neither party filed objections to Magistrate Judge Hey's Report and Recommendation; it further appearing that Magistrate Judge Hey's Report and Recommendation correctly determined the legal and factual issues presented in this case,
IT IS ORDERED that the Report and Recommendation of Magistrate Judge Hey is approved and adopted.
IT IS FURTHER ORDERED that plaintiff's request for review is granted.
IT IS FURTHER ORDERED that judgment is entered in favor of plaintiff Denisse Torres and against defendant Carolyn W. Colvin, Acting Commissioner of the Social Security Administration reversing the decision of the Commissioner of Social Security for the purposes of remand only.
IT IS FURTHER ORDERED that the decision of the Commissioner dated September 20, 2012 and affirmed by the Appeals Council on December 27, 2013 is reversed.
IT IS FURTHER ORDERED that, pursuant to sentence four of 42 U.S.C. § 405(g), this matter is remanded to the Acting Commissioner for further proceedings and review consistent with Magistrate Judge Hey's Report and Recommendation, including reconsideration of the entire medical record, including obtaining new expert opinions regarding the limitations imposed by all of plaintiff's mental and physical conditions, and that the Administrative Law Judge revisit plaintiff's residual functional capacity ("RFC"), if necessary. Upon remand the diagnoses of post-traumatic stress disorder and borderline intellectual functioning shall be explicitly considered.
IT IS FURTHER ORDERED that the Clerk of Court shall mark this case closed for statistical purposes.
