CRUZ v. ASTRUE
Filing
18
ORDER THAT THE REPORT AND RECOMMENDATION (DOC. NO.17) IS APPROVED AND ADOPTED. PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED IN PART; THIS MATTER IS REMANDED TO THE COMMISSIONER PURSUANT TO THE FOURTH SENTENCE OF 42 U.S.C. SECTION 405(g). THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED FOR ALL PURPOSES. SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/6/2013. 8/7/2013 ENTERED AND COPIES E-MAILED.(kk, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANDREA LEE CRUZ,
Plaintiff,
v.
:
:
:
:
:
:
:
CAROLYN W. COLVIN,
Commissioner of Social Security,1
Defendant.
CIVIL ACTION
NO. 12-4552
ORDER
AND NOW, this
6th
day of
August
, 2013, upon consideration of Plaintiff’s
Brief and Statement of Issues in Support of Request for Review [Doc. No. 12], Defendant’s
Response [Doc. No. 15], and Plaintiff’s Reply [Doc. No. 16], and upon review of the Report and
Recommendation (“R&R”) of United States Magistrate Judge Henry S. Perkin dated June 19,
2013 [Doc. No. 17], to which there were no objections filed by either party, it is hereby
ORDERED as follows:
1.
The Report and Recommendation [Doc. No. 17] is APPROVED and ADOPTED;
2.
Plaintiff’s request for review is GRANTED in part;2
3.
This matter is REMANDED to the Commissioner pursuant to the fourth sentence
of 42 U.S.C. § 405(g) for further proceedings consistent with the R&R;3 and
1
On February 14, 2013, Carolyn W. Colvin became Acting Commissioner of Social Security. Pursuant to
Federal Rule of Civil Procedure 25(d), Carolyn W. Colvin should be substituted for Michael J. Astrue as
the defendant in this suit.
To the extent Ms. Cruz seeks reversal of the Commissioner’s decision and an award of benefits, the
request is DENIED.
2
Judge Perkin concluded—and this Court agrees—that the Administrative Law Judge (“ALJ”) erred only
in failing to provide sufficient written analysis of the opinion of Ms. Cruz’s treating psychiatrist, Dr.
Castro, or detailed reasons (including specific evidence in the record and/or contradictory medical
opinions) for the ALJ’s decision to give Dr. Castro’s opinion limited weight. As recommended, remand
is appropriate for further discussion of Dr. Castro’s opinion.
3
4.
The Clerk of Court is directed to mark this case CLOSED for all purposes.
It is so ORDERED.
BY THE COURT:
/s/ Gene E.K. Pratter
GENE E.K. PRATTER
UNITED STATES DISTRICT JUDGE
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