Clark v. Astrue

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS D.I. 24 RE: D.I. 17 Motion for Summary Judgment filed by Adrian Clark, and D.I. 20 Motion for Summary Judgment filed by Michael J. Astrue. Signed by Judge Robert F. Kelly on 11/22/2010. (dlk)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ADRIAN CLARK v. MICHAEL J. ASTRUE, Commissioner of Social Security : : : : : : ORDER AND NOW, this 22nd day of November, 2010, upon consideration of the crossCIVIL ACTION

NO. 09-0365

motions for summary judgment, and after review of the Report and Recommendation of United States Magistrate Judge L. Felipe Restrepo, it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. Plaintiff's Motion for Summary Judgment is GRANTED insofar as plaintiff requests a remand; 3. Defendant Commissioner's Motion for Summary Judgment is DENIED; 4. The matter is REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings consistent with the Report and Recommendation of United States Magistrate Judge L. Felipe Restrepo.

BY THE COURT: /s/ Robert F. Kelly ROBERT F. KELLY, J.