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McHerrin v. Astrue

United States District Court, E.D. Pennsylvania
Sep 1, 2010
CIVIL ACTION NO. 09-2035 (E.D. Pa. Sep. 1, 2010)

Summary

finding an unresolved conflict between a limitation to “simple, repetitive tasks” and testimony that claimant could perform her past work as a surveillance system monitor, requiring level–3 reasoning

Summary of this case from Meloni v. Colvin

Opinion

CIVIL ACTION NO. 09-2035.

September 1, 2010


ORDER


AND NOW, this 31st day of August, 2010, upon consideration of Plaintiff's Motion for Summary Judgment Or, in the Alternative, Motion for Remand, and a Brief and Statement of Issues in Support of Request for Review and Motion for Summary Judgment (Doc. No. 8), Defendants' Response to Request for Review of Plaintiff (Doc. No. 10), the Report and Recommendation of United States Magistrate Judge Arnold C. Rapoport (Doc. No. 13), Defendant's Objections to the Magistrate Judge's Report and Recommendation (Doc. No. 14), Plaintiff's Response in Opposition (Doc. No. 15), and after a hearing on the Objections on July 14, 2010, and after an independent review of the record, IT IS ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED;
2. Plaintiff's Motion (Doc. No. 8) is GRANTED insofar as Plaintiff requests a remand;
3. The final decision of the Commissioner is REVERSED, and the matter is REMANDED to the Commissioner of Social Security for further proceedings consistent with the Court's Opinion of August 31, 2010, and the Report and Recommendation of United States Magistrate Judge Arnold C. Rapoport;
4. The Clerk of Court shall mark this case CLOSED for statistical purposes.


Summaries of

McHerrin v. Astrue

United States District Court, E.D. Pennsylvania
Sep 1, 2010
CIVIL ACTION NO. 09-2035 (E.D. Pa. Sep. 1, 2010)

finding an unresolved conflict between a limitation to “simple, repetitive tasks” and testimony that claimant could perform her past work as a surveillance system monitor, requiring level–3 reasoning

Summary of this case from Meloni v. Colvin

explaining that a number of courts have found the DOT's reasoning levels are much more indicative of whether a claimant is capable of performing more than simple, repetitive tasks

Summary of this case from Greer v. Berryhill

explaining that a number of courts have found the DOT's reasoning levels are much more indicative of whether a claimant is capable of performing more than simple, repetitive tasks

Summary of this case from Perea v. Berryhill

explaining that a number of courts have found the DOT's reasoning levels are much more indicative of whether a claimant is capable of performing more than simple, repetitive tasks

Summary of this case from Martinez v. Berryhill

explaining that a number of courts have found the DOT's reasoning levels are much more indicative of whether a claimant is capable of performing more than simple, repetitive tasks

Summary of this case from Archuleta v. Berryhill

explaining that a number of courts have found the DOT's reasoning levels are much more indicative of whether a claimant is capable of performing more than simple, repetitive tasks

Summary of this case from Sobczak v. Berryhill

explaining that a number of courts have found the DOT's reasoning levels are much more indicative of whether a claimant is capable of performing more than simple, repetitive tasks

Summary of this case from Flores v. Berryhill
Case details for

McHerrin v. Astrue

Case Details

Full title:BEVERLY McHERRIN, Plaintiff, v. MICHAEL J. ASTRUE Commissioner of the…

Court:United States District Court, E.D. Pennsylvania

Date published: Sep 1, 2010

Citations

CIVIL ACTION NO. 09-2035 (E.D. Pa. Sep. 1, 2010)

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