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Durst v. Berryhill, 2:16-3764. (2018)

Court: District Court, E.D. Pennsylvania Number: infdco20180417d49 Visitors: 6
Filed: Apr. 16, 2018
Latest Update: Apr. 16, 2018
Summary: ORDER GERALD A. McHUGH, JR. , District Judge . AND NOW, this 16 TH day of April ___, 2018, upon independent review of the brief in support of review filed by Plaintiff, Defendant's response thereto thereto, and Plaintiff's reply thereto (Doc. Nos. 11, 12 and 15), and the administrative record, and after careful consideration of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge, it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED
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ORDER

AND NOW, this 16TH day of April ___, 2018, upon independent review of the brief in support of review filed by Plaintiff, Defendant's response thereto thereto, and Plaintiff's reply thereto (Doc. Nos. 11, 12 and 15), and the administrative record, and after careful consideration of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED;

2. The final decision of the Commissioner denying disability benefits to Plaintiff is VACATED; and

3. The matter is REMANDED to the Commissioner pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings consistent with the Magistrate Judge's Report

FootNotes


1. Nancy A. Berryhill became the Acting Commissioner of Social Security on January 23, 2017. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Berryhill should be substituted for the former Acting Commissioner, Carolyn Colvin, as the defendant in this action. Plaintiff need not take any further action to continue this suit. 42 U.S.C. § 405(g) (last sentence).
Source:  Leagle

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