SOJOURNER v. ASTRUE

Filing 18

ORDER THAT FOR THE REASONS PROVIDED IN THE ACCOMPANYING MEMORANDUM THAT: THE REPORT AND RECOMMENDATION OS APPROVED AND ADOPTED. PLAINTIFF'S MOTION FOR SUMMARY JUDGEMENT IS DENIED. PLAINTIFF'S MOTION FOR REMAND IS GRANTED. THE FINAL DECISION OF THE COMMISSIONER DENYING DISABILITY BENEFITS TO PLAINTIFF IS VACATED. THE MATTER SHALL BE REMANDED TO THE COMMISSIONER FOR A DECISION CONSISTENT WITH THE COURT'S OPINION.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 10/8/10. 10/13/10 ENTERED AND COPIES E-MAILED.(dp, )

SOJOURNER v. ASTRUE

Doc. 18

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CARMEN D. SOJOURNER, Plaintiff, v. MICHAEL ASTRUE, Commissioner of the Social Security Administration, Defendant. : : : : : : : : : : : :

CIVIL ACTION NO. 09-5662

ORDER AND NOW, this 8th day of October, 2010, after review of the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells (doc. no. 14), Defendant's Objections thereto (doc. no. 15), and Plaintiff's Reply thereto (doc. no. 16), it is hereby ORDERED for the reasons provided in the accompanying Memorandum that: 1. The Report and Recommendation (doc. no. 14) is

APPROVED and ADOPTED; 2. 9) is DENIED; 3. GRANTED; 4. The final decision of the Commissioner denying Plaintiff's Motion for Remand (doc. no. 9) is Plaintiff's Motion for Summary Judgment (doc. no.

disability benefits to Plaintiff is VACATED; and

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5.

The matter shall be REMANDED to the Commission for

a decision consistent with the Court's opinion.

AND IT IS SO ORDERED.

S/Eduardo C. Robreno EDUARDO C. ROBRENO, J.