MCCLEASE v. ASTRUE

Filing 28

MEMORANDUM AND/OR OPINION THAT PLAINTIFF'S OBJECTIONS ARE SUSTAINED IN PART AND DENIED IN PART; THE CONCLUSIONS IN THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ARE APPROVED AND ADOPTED IN PART AND DENIED IN PART; JUDGMENT IS ENTERED MODIFYING THE DECISION OF THE COMMISSIONER AND THE MATTER IS REMANDED TO THE COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION.. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 10/28/2009. 10/29/2009 ENTERED AND COPIES E-MAILED.(tomg, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA : : : : : : : : :

CATHY McCLEASE, Plaintiff, v. COMMISSIONER of SOCIAL SECURITY, Defendant.

CIVIL ACTION NO. 08-1673

Order YOHN, J. AND NOW, this 28th day of October, 2009, upon consideration of plaintiff Cathy McClease's Request for Review, the Commissioner's Response to Request for Review, and plaintiff's Reply thereto, and after careful and independent review of the magistrate judge's Report and Recommendation and plaintiff's objections thereto, and the Commissioner's response to objections, it is hereby ORDERED that: 1. Plaintiff's objections are SUSTAINED in part and DENIED in part. 2. The conclusions in the Report and Recommendation of the United States Magistrate Judge are APPROVED and ADOPTED in part and DENIED in part. 3. Judgment is entered modifying the decision of the Commissioner and the matter is REMANDED to the Commissioner of the Social Security Administration to allow the Administrative Law Judge ("ALJ") to conduct further proceedings consistent with the accompanying memorandum.

/s/ William H. Yohn Jr. William H. Yohn Jr., Judge