CINTRON v. ASTRUE

Filing 14

ORDER THAT THE REPORT & RECOMMENDATION OF CHIEF U.S. MAGISTRATE JUDGE THOMAS J. RUETER DATED 3/10/09, IS APPROVED & ADOPTED; JOINT MOTION FOR REMAND IS GRATNED, & THIS ACTION IS REMANDED TO THE COMMISSIONER OF SOCIAL SECURITY, ETC. PLFF'S MOTION FOR SUMMARY JUDGMENT IS GRANTED TO THE EXTENT THAT IT SEEKS A REMAND, & DENIED IN ALL OTHER RESPECTS; & THE CLERK OF COURT SHALL MARK THE CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JAN E. DUBOIS ON 4/1/09. 4/2/09 ENTERED AND COPIES E-MAILED: COPIES FAXED BY CHAMBERS ON 4/1/09.(kw, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA WANDA I. CINTRON Plaintiff, : : : vs. : : MICHAEL J. ASTRUE, COMMISSIONER OF : SOCIAL SECURITY ADMINISTRATION, : Defendant. : ORDER AND NOW, this 1st day of April, 2009, upon consideration of plaintiff Wanda I. Cintron's Motion for Summary Judgment or, in the Alternative, Plaintiff's Motion for Remand, the Joint Motion for Remand filed by defendant, and the Report and Recommendation of Chief United States Magistrate Judge Thomas J. Rueter dated March 10, 2009, and good cause appearing, IT IS ORDERED as follows: 1. The Report and Recommendation of Chief United States Magistrate Judge Thomas J. Rueter dated March 10, 2009, is APPROVED and ADOPTED; 2. The Joint Motion for Remand is GRANTED, and this action is REMANDED to the Commissioner of Social Security pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further proceedings consistent with the Joint Motion for Remand and the Report and Recommendation of Chief United States Magistrate Judge Thomas J. Rueter dated March 10, 2009; 3. Plaintiff's Motion for Summary Judgment is GRANTED to the extent that it seeks a remand, and DENIED in all other respects; and, 4. The Clerk of Court shall MARK the case CLOSED FOR STATISTICAL PURPOSES. BY THE COURT: CIVIL ACTION

NO. 008-4465

/s/ Honorable Jan E. DuBois JAN E. DUBOIS, J.