ARBUCKLE v. ASTRUE

Filing 11

ORDER THAT THE REPORT AND RECOMMENDATION BY THE HONORABLE ARNOLD C. RAPOPORT IS APPROVED AND ADOPTED; PLAITNIFF'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART; THE CASE IS REAMNDED TO THE COMMISSIONER; THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE STEWART DALZELL ON 9/15/2009. 9/15/2009 ENTERED AND COPIES MAILED, E-MAILED.(ap, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CORINE L. ARBUCKLE v. MICHAEL ASTRUE : : : : : CIVIL ACTION

NO. 08-4882

ORDER AND NOW, this 15th day of September, 2009, upon careful and independent consideration of plaintiff's motion for summary judgment (docket entry # 7), defendant's response thereto (docket entry # 8), the Honorable Arnold C. Rapoport's report and recommendation (docket entry # 10), to which neither party has filed an objection within the period specified by Loc. R. Civ. P. 72.1, and the Court agreeing with Judge Rapoport that the ALJ failed to make comprehensive findings, particularly regarding the severity of Arbuckle's alleged obesity, it is hereby ORDERED that: 1. The report and recommendation (docket entry # 10)

is APPROVED and ADOPTED; 2. Plaintiff's motion for summary judgment (docket

entry # 7) is GRANTED IN PART; 3. The case is REMANDED to the Commissioner pursuant

to the fourth sentence of 42 U.S.C. § 405(g) for further

proceedings consistent with Judge Rapoport's report and recommendation; and 4. statistically. The Clerk of Court shall CLOSE this case

BY THE COURT:

/s/ Stewart Dalzell, J.

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