BAYLIS v. ASTRUE

Filing 15

ORDER THAT THE REPORT AND RECOMMENDATION IS NOT APPROVED AND NOT ADOPTED. THE MATTER IS REMANDED TO THE COMMISSIONER, PURSUANT TO SENTENCE FOUR OF 42 U.S.C. & 405 (g), FOR FURTHER PROCEEDINGS. JUDGMENT IS ENTERED REVERSING THE FINAL DECISION OF THE C OMMISSIONER OF SOCIAL SECURITY AND REMANDING THE MATTER TO THE COMMISSIONER, PURSUANT TO SENTENCE FOUR OF 42 U.S.C.&405, (g) FOR FURTHER PROCEEDINGS CONSISTENT WITH MY MEMORANDUM AND ORDER OF TODAY; ETC.. SIGNED BY HONORABLE LOUIS H. POLLAK ON 8/9/10. 8/10/10 ENTERED AND E-MAILED.(jl, )

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IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA S T E V E N BAYLIS, P la in tif f , v. M IC H A E L ASTRUE, Commissioner of S o c ia l Security Defendant. C iv il Action No. 09-2217 ORDER AND NOW, this 9th day of August 2010, upon consideration of the plaintiff's Motion for Summary Judgment, and after review of the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa, for the reasons provided in the accompanying Memorandum, it is hereby ORDERED that: 1. Report and Recommendation is NOT APPROVED and NOT ADOPTED 2. Plaintiff's Motion of Summary Judgment (docket no. 8) is GRANTED insofar as plaintiff requests a remand; 3. The matter is REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. 405(g), for further proceedings consistent with this Memorandum and Order. JUDGMENT AND NOW, this 9th day of August, 2010, in accordance with Kadelski v. Sullivan, 30 F.3d 399 (3d Cir.1994), and Rule 58 of the Federal Rules of Civil Procedure, it is hereby ORDERED that JUDGMENT is entered REVERSING the final decision of the Commissioner of Social Security and REMANDING the matter to the Commissioner, pursuant to sentence four of 42 U.S.C. 405(g), for further proceedings consistent with my Memorandum and Order of today. B Y THE COURT: /s/ Louis H. Pollak P o lla k , J.

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