DYSON v. ASTRUE

Filing 15

ORDER THAT UPON INDEPENDANT REVIEW OF PLAINTIFF'S MOTION (DOC NO 8), THE COMMISSIONER'S RESPONSE (DOC NO 9), AND THE ADMINISTRATIVE RECORD; THE COMMISSIONER'S OBJECTIONS ARE OVERRULED, THE REPORT AND RECOMMENDATION IS APPROVED AND ADOP TED, PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED TO THE EXTENT THAT THE MATTER IS REMANDED TO THE COMMISSIONER UNDER SENTENCE FOUR OF 42 U.S.C., 405(g) FOR FURTHER PROCEEDINGS CONSISTENT WITH THE ACCOMPANYING MEMORANDUM, AND THE DECISION OF THE COMMISSIONER IS REVERSED FOR THE PURPOSES OF THIS REMAND ONLY.. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 6/30/10. 6/30/10 ENTERED AND COPIES E-MAILED.(kp, )

DYSON v. ASTRUE

Doc. 15

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ : MARVIN L. DYSON, : Plaintiff, : CIVIL ACTION : v. : No. 2:09-cv-3846 : MICHAEL J. ASTRUE, Commissioner of : the Social Security Administration, : Defendant. : ____________________________________: Order AND NOW, this 30th day of June, 2010, upon independent review of plaintiff's "Motion in Support of Request for Review" (Docket No. 8), the Commissioner's "Response to Request for Review of Plaintiff" (Docket No. 9) and the administrative record, and after careful consideration of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge, the Commissioner's Objections, and plaintiff's response, it is hereby ORDERED that: 1. 2. 3. The Commissioner's Objections are OVERRULED; The Report and Recommendation is APPROVED and ADOPTED; Plaintiff's request for review is GRANTED to the extent that the matter is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the accompanying memorandum; and 4. The decision of the Commissioner is REVERSED for the purposes of this remand only. s/William H. Yohn Jr. Judge William H. Yohn Jr., Judge

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