LUCERO v. ASTRUE

Filing 25

MEMORANDUM AND ORDER THAT THE OBJECTIONS TO THE REPORT AND RECOMMENDATION ARE SUSTAINED; THE REPORT AND RECOMMENDATION IS REJECTED IN PART AS SET FORTH IN THE ACCOMPANYING MEMORANDUM OPINION; THE PLAINTIFF'S REQUEST FOR REVERSAL IS GRANTED; AND THE CASE IS REMANDED TO THE COMMISSIONER FOR FURTHER REVIEW CONSISTENT WITH THE REPORT AND RECOMMENDATION AND THE ACCOMPANYING MEMORANDUM OPINION PURSUANT TO THE FOURTH SENTENCE OF 42 USC SECTION 405(G). SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/26/11. 9/27/11 ENTERED AND COPIES E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
_____________________________________
MARIE R. LUCERO,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
_____________________________________

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CIVIL ACTION
NO. 09-2610

ORDER
AND NOW, this 26th day of September 2011, after careful review and independent
consideration of Plaintiff’s request for review, Defendant’s response, the Report and
Recommendation of United States Magistrate Judge Lynne Sitarski, the objections to the Report
and Recommendation and the response thereto, it is hereby ORDERED that:
1.

The Objections to Report and Recommendation are SUSTAINED;

1.

The Report and Recommendation is REJECTED IN PART as set forth in the
accompanying Memorandum Opinion;

2.

The Plaintiff’s request for reversal is GRANTED; and

3.

The case is REMANDED to the Commissioner for further review consistent with
the Report and Recommendation and the accompanying Memorandum Opinion
pursuant to the fourth sentence of 42 U.S.C. § 405(g).

It is so ORDERED.
.

BY THE COURT:
/s/ Cynthia M. Rufe

CYNTHIA M. RUFE, J.