GALLOWAY v. COLVIN
| JOANDREA L. GALLOWAY |
| CAROLYN W. COLVIN |
| SOCIAL SECURITY ADMINISTRATION |
| 1:2014cv00362 |
| April 30, 2014 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Surry |
| L. PATRICK AULD |
| THOMAS D. SCHROEDER |
| Supplemental Security Income |
| 42 U.S.C. ยง 205 |
| None |
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Filing
14
MEMORANDUM OPINION AND RECOMMEDNATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 07/22/2015; that the Commissioner's decision finding no disability be vacated, that Defendant's Motion for Judgment on the Ple adings (Docket Entry 12 ) be denied, that Plaintiff's Motion for Judgment on the Pleadings (Docket Entry 10 ) be granted in part and denied in part, in that the Court should vacate the denial of benefits and should remand the case for admin istrative reassessment of the medical record and the credibility of Plaintiff's symptom reporting regarding her PTC. In particular, the Court should require: 1) resolution of the conflict between the ALJ's step two finding that, as of M arch 29, 2013, Plaintiff suffered from headaches due to PTC and the ALJ's RFC-stage finding that Plaintiff's PTC resolved as of December 2012; 2) a determination of whether, even if Plaintiff's PTC resolved by December 2012, she none theless qualified for a closed period of benefits during the time between her alleged onset date of June 14, 2011, and December 2012; 3) reconsideration (based on a proper review of the record) of whether Plaintiff's PTC actually resolved by December 2012; and 4) reassessment (based on a proper review of the record) of the credibility of Plaintiff's symptom reporting regarding her PTC. (Garland, Leah)
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