Filed: Oct. 27, 2014
Latest Update: Oct. 27, 2014
Summary: ORDER JAMES KNOLL GARDNER, District Judge. NOW, this 24 th day of October, 2014, upon consideration of the following documents: (1) Complaint filed October 2, 2012; (2) Answer filed March 28, 2013; (3) Plaintiff's Brief and Statement of Issues in Support of Request for Review, which brief and statement of issues was filed June 14, 2013 ("Plaintiff's Brief"); (4) Defendant's Response to Request for Review of Plaintiff, which response was filed July 24, 2013; (5) Plaintiff's Reply Brief f
Summary: ORDER JAMES KNOLL GARDNER, District Judge. NOW, this 24 th day of October, 2014, upon consideration of the following documents: (1) Complaint filed October 2, 2012; (2) Answer filed March 28, 2013; (3) Plaintiff's Brief and Statement of Issues in Support of Request for Review, which brief and statement of issues was filed June 14, 2013 ("Plaintiff's Brief"); (4) Defendant's Response to Request for Review of Plaintiff, which response was filed July 24, 2013; (5) Plaintiff's Reply Brief fi..
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ORDER
JAMES KNOLL GARDNER, District Judge.
NOW, this 24th day of October, 2014, upon consideration of the following documents:
(1) Complaint filed October 2, 2012;
(2) Answer filed March 28, 2013;
(3) Plaintiff's Brief and Statement of Issues in Support of Request for Review, which brief and statement of issues was filed June 14, 2013 ("Plaintiff's Brief");
(4) Defendant's Response to Request for Review of Plaintiff, which response was filed July 24, 2013;
(5) Plaintiff's Reply Brief filed August 5, 2013; and
(6) Report and Recommendation of United States Magistrate Judge David R. Strawbridge dated and filed December 20, 2013;
after a thorough review of the record in this matter; it appearing that neither party filed objections to Magistrate Judge Strawbridge's Report and Recommendation; it further appearing that Magistrate Judge Strawbridge's Report and Recommendation correctly determined the legal and factual issues presented by the Complaint, Plaintiff's Brief, and Plaintiff's Reply Brief,
IT IS ORDERED that Magistrate Judge Strawbridge's Report and Recommendation is approved and adopted.
IT IS FURTHER ORDERED that plaintiff's request for review is granted.
IT IS FURTHER ORDERED that plaintiff's request for an award of benefits is denied.
IT IS FURTHER ORDERED that plaintiff's alternative request for remand is granted.
IT IS FURTHER ORDERED that judgment is entered in favor of plaintiff Joanne Henderson and against defendant Carolyn W. Colvin, Acting Commissioner of the Social Security Administration.
IT IS FURTHER ORDERED that the decision of the Commissioner dated May 24, 2012 which denied benefits to plaintiff Veronica Paul is vacated.
IT IS FURTHER ORDERED that pursuant to sentence four of 42 U.S.C. § 405(g) this matter is remanded to the Acting Commissioner for further proceedings in accordance with Magistrate Judge Strawbridge's Report and Recommendation.
IT IS FURTHER ORDERED that the Clerk of Court shall close this case for statistical purposes.
