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Young v. Berryhill, 16-6350. (2018)

Court: District Court, E.D. Pennsylvania Number: infdco20180821820 Visitors: 2
Filed: Aug. 14, 2018
Latest Update: Aug. 14, 2018
Summary: ORDER GERALD J. PAPPERT , District Judge . AND NOW , this 14th day of August, 2018, upon consideration of the Administrative Record (ECF No. 8), the Complaint (ECF No. 3), the Answer (ECF No. 7), Plaintiff's Brief and Statement of Issues in Support of her Request for Review (ECF No. 9), Defendant's Response thereto (ECF No. 14), Plaintiff's Reply Brief (ECF No. 16), and after considering the Report and Recommendation filed by United States Magistrate Judge Lynne A. Sitarski (ECF No. 17), i
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ORDER

AND NOW, this 14th day of August, 2018, upon consideration of the Administrative Record (ECF No. 8), the Complaint (ECF No. 3), the Answer (ECF No. 7), Plaintiff's Brief and Statement of Issues in Support of her Request for Review (ECF No. 9), Defendant's Response thereto (ECF No. 14), Plaintiff's Reply Brief (ECF No. 16), and after considering the Report and Recommendation filed by United States Magistrate Judge Lynne A. Sitarski (ECF No. 17), it is hereby ORDERED that:

1. The Report and Recommendation (ECF No. 17) is APPROVED and ADOPTED;2 2. Plaintiff's Request for Review (ECF No. 9) is GRANTED; 3. This matter is REMANDED to the Commissioner for further proceedings consistent with the Report and Recommendation; 4. The Clerk of Court shall mark this case CLOSED for statistical purposes.

FootNotes


1. Nancy A. Berryhill became the Acting Commissioner for Social Security on January 23, 2017. Pursuant to Federal Rule of Civil Procedure 25(d), Berryhill should be substituted for the former Acting Commissioner, Carolyn W. Colvin, as the defendant in this action.
2. When no objection is made to a Report and Recommendation, the Court should, as a matter of good practice, "satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Fed. R. Civ. P. 72(b), advisory committee notes; see also Oldrati v. Apfel, 33 F.Supp.2d 397, 399 (E.D. Pa. 1998). No clear error appears on the face of the record and the Court accordingly accepts Judge Sitarski's Recommendation.
Source:  Leagle

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