McKean v. Colvin

150 F. Supp. 3d 406, 2015 WL 1201388, 2015 U.S. Dist. LEXIS 31639
CourtDistrict Court, M.D. Pennsylvania
DecidedMarch 16, 2015
DocketCivil Action No. 1:13-CV-2585
StatusPublished
Cited by75 cases

This text of 150 F. Supp. 3d 406 (McKean v. Colvin) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McKean v. Colvin, 150 F. Supp. 3d 406, 2015 WL 1201388, 2015 U.S. Dist. LEXIS 31639 (M.D. Pa. 2015).

Opinion

ORDER

CHRISTOPHER C. CONNER, Chief Judge.

AND NOW,- this 16th day of March, 2015, upon consideration of the report (Doc. 19) of Magistrate- Judge Gerald B. Cohn, recommending the court vacate the decision of the administrative law judge (“ALJ”)- and remand the above-captioned matter for further proceedings with respect to the application for disability benefits ' of plaintiff Joanne McKean, wherein Judge Cohn concludes that the ALJ’s decision is not supported by substantial evidence, see 42 U.S.C. § 405(g) (requiring the ALJ’s findings to be “supported by substantial evidence”), and finds that the ALJ’s failure to. adequately explain his rejection of certain medical opinions, failure to explain credibility determinations, and impermissible, reliance on a lay interpretation of medical evidence prevent meaningful review of the ALJ’s decision, and it appearing that neither plaintiff nor the Commissioner, of. Social Security (“Commissioner”) have objected to the report, and that the Commissioner has expressly waived the opportunity to do so, (see Doc. 20), and that, there, is no clear error on, the face of the record,1 see Nara [410]*410v. Frank, 488 F.3d 187, 194 (3d Cir.2007) (explaining that “failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level”), it is hereby ORDERED that:

1. The report (Doc. 19) of Magistrate Judge Cohn is ADOPTED.
2. The Clerk of Court shall enter judgment in favor of Joanne McKean and against the Commissioner as set forth in the following paragraph.
3. The Commissioner’s decision denying Joanne McKean’s application for disability insurance benefits is VACATED. This matter is REMANDED to the Commissioner with instructions to conduct a new administrative hearing, develop the record fully, and evaluate the evidence appropriately in accordance with this order and the report (Doc. ,19) of Magistrate Judge Cohn.
4. The Clerk of Court is directed to close this case.

REPORT AND RECOMMENDATION TO VACATE THE DECISION OF THE COMMISSIONER AND REMAND THE. CASE TO THE COMMISSIONER FOR FURTHER PROCEEDINGS ,

' GERALD B. COHN, United States Magistrate Judge.

REPORT AND RECOMMENDATION

I. Procedural Background

On November 23, 2010, Joanne McKean (“Plaintiff’) filed an application for Title II Social Security Disability insurance benefits (“DIB”), with a date last insured of June 30, 2014,1 and a disability onset date of May 25, 2010.2 (Administrative Transcript (hereinafter, “Tr.”), 21, 23,136). After the claim was denied at the initial level of administrative review, the ALJ held a hearing on April 2, 20,12. (Tr. 37-60). On May 22, 2012, the ALJ found that Plaintiff was not disabled within the meaning of the Act. (Tr. 18-36). On July 11, 2012, Plaintiff filed a request for review with the Appeals Council (Tr. 8-9), which the Ap[411]*411peals Council denied on September 25, 2013, thereby affirming the decision of the ALJ as the “final decision” of the Commissioner. (Tr. 1-7).

On October 17, 2013, Plaintiff filed.the above-captioned action pursuant :to 42 U.S.C. § 405(g) and pursuant to 42 U.S.C. § 1383(c)(3), to appeal a decision of the Commissioner of the Social Security Administration denying social security benefits. (Doc. 1). On January 29, 2014, the Commissioner (“Defendant”) filed an answer and an administrative transcript of proceedings. (Doc. 8, 9)¡ On. May 15, 2014, Plaintiff filed a brief in support of the appeal. (Doc. 14 (“PI. Brief’)). On May 28, 2014, Defendant filed a brief in response. (Doc. 16 (“Def. Brief’)). On November 05, 2014, the Court referred this cáse to the undersigned Magistrate Judge. On November 26, 2014, Plaintiff submitted a statement indicating intent to waive submission of a reply brief. (Doc. 18).

II. Relevant Facts in the Record

Plaintiff was born on June 17, 1968, and thus was classified by the regulations as a younger person through the date of the ALJ decision rendered on May 22, 2012. 20 C.F.R. § 404.1563(c). Plaintiff completed the twelfth grade and got a business diploma from a non-accredited college. (Tr. 30, 42). Plaintiffs past relevant work includes working as a photographer and slitting machine operator. (Tr.,. 42, 55).

III. Legal Standards and Review of ALJ Decision

To receive disability or supplemental security benefits, a claimant must demonstrate an “inability to engage in any substantial gainful activity by reason of any medically determinable physical 'or mental impairment which can be expected to result in death or-which has lasted or can be expected to last for a continuous period of not less than 12 months.” 42 U.S.C. § 423(d)(1)(A); accord 42 U.S.C. § 1382c(a)(3)(A). A claimant for disability benefits must show that he or she has a physical ■ or mental impairment of such a severity that:

[H]e is not only unable to do his previous work but cannot, considering his age, education; and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work.

42 U.S.C.' § 423(d)(2)(A); 42 U.S.C. § 1382c(a)(3)(B).

The Commissioner uses a five-step evaluation process., to determine if a person is eligible for disability, benefits. 20 C.F.R. § 404.1520; accord Plummer, 186 F.3d at 428. If the Commissioner finds that a Plaintiff is disabled or nqt disabled at any point in the sequence, review does not proceed. 20 C.F.R. § 404.1520(a)(4). The Commissioner must sequentially determine: ,(1) whether the claimant is engaged in substantial gainful activity; (2) whether the claimant has a severe impairment; (3) whether, the,claimant’s impairment meets or equals a listed impairment; (4) whether the claimant’s impairment prevents the claimant from doing past relevant work; and (5) whether the claimant’s impairment prevents the claimant from doing any other work. 20 C.F.R. §§ 404.1520, 416.920. Before moving on to step four in this process, the ALJ must also determine Plaintiffs residual functional capacity (“RFC”). 20 C.F.R.

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Bluebook (online)
150 F. Supp. 3d 406, 2015 WL 1201388, 2015 U.S. Dist. LEXIS 31639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckean-v-colvin-pamd-2015.