PODSIEDLAK v. BARNHART

Filing 20

ORDERED THAT THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ELIZABETH T. HEY IS APPROVED AND ADOPTED, IN PART. THE COMMISSIONER'S OJECTION TO R & R REGARDING REMAND FOR CONSIDERATION OF PODSIEDLAK'S OBESITY IS SUSTAINED. ON REMAND, THE ALJ IS NOT REQUIRED TO CONSIDER PODSIEDLAK'S OBESITY. THE REMAINDER OF MAGISTRATE JUDGE HEY'S R & R IS APPROVED AND ADOPTED. THE CLERK OF COURT IS DIRECTED TO MARK THE ABOVE-CAPTIONED CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 3/31/2010. 4/1/2010 ENTERED AND COPIES E-MAILED.(sg, )

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

JOSEPH STANLEY PODSIEDLAK v. JO ANNE B. BARNHART

: : : :

CIVIL ACTION

No. 08-5739

ORDER AND NOW, this 31st day of March, 2010, after consideration of the pleadings and record and after review of the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey, and Commissioner of the Social Security Administration's Objections thereto, it is hereby ORDERED the Report and Recommendation is APPROVED and ADOPTED, in part. The Commissioner's Objection to Magistrate Judge Hey's Recommendation regarding remand for consideration of Podsiedlak's obesity is SUSTAINED. On remand, the ALJ is not required to consider Podsiedlak's obesity. The remainder of Magistrate Judge Hey's Report and

Recommendation is APPROVED and ADOPTED. The Clerk of Court is DIRECTED to mark the above-captioned case CLOSED for statistical purposes.

BY THE COURT:

/s/ Juan R. Sánchez Juan R. Sánchez United States District Judge