DOMAN v. COMMISSIONER OF SOCIAL SECURITY

Filing 22

ORDER THAT THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ELIZABETH T. HEY DATED 11/16/2011 IS APPROVED AND ADOPTED. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS GRANTED TO THE EXTENT IT SEEKS REMAND TO THE COMMISSIONER ON THE ISS UE OF PLAINTIFF'S ENTITLEDMENT TO SSI AFTER 12/31/2006. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS DENIED IN ALL OTHER RESPECTS. DEFENDANT'S OBJECTIONS TO THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE ARE OVERRULED. THE CASE IS REMANDED TO THE COMMISSIONER OF SOCIAL SECURITY AS OUTLINED HEREIN. SIGNED BY HONORABLE JAN E. DUBOIS ON 2/23/2012. 2/24/2012 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
_____________________________________
PATRICIA D. DOMAN,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
_____________________________________

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CIVIL ACTION

NO. 10-1559

ORDER
AND NOW, this 23rd day of February, 2012, upon consideration of plaintiff’s Complaint
requesting review of an adverse decision of the Commissioner (Document No. 3, filed April 9,
2010), defendant’s Answer (Document No. 9, filed August 19, 2010), Plaintiff’s Motion for
Summary Judgment (Document No. 16, filed January 7, 2011), and Defendant’s Response to
Request for Review by Plaintiff (Document No. 17, filed February 8, 2011); and after review of
the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey (Document
No. 19, filed November 16, 2011), Defendant’s Objections to the Report and Recommendation
of the United States Magistrate Judge (Document No. 20, filed November 30, 2011), and the
record in this case, for the reasons set forth in the Memorandum dated February 23, 2012, IT IS
ORDERED as follows:
1. The Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey
dated November 16, 2011, is APPROVED AND ADOPTED;
2. Plaintiff’s Motion for Summary Judgment is GRANTED to the extent it seeks remand
to the Commissioner on the issue of plaintiff’s entitlement to SSI after December 31, 2006.

Plaintiff’s Motion for Summary Judgment is DENIED in all other respects;
3. Defendant’s Objections to the Report and Recommendation of the United States
Magistrate Judge are OVERRULED; and
4. The case is REMANDED to the Commissioner of Social Security pursuant to the
fourth sentence of 42 U.S.C. § 405(g) for further proceedings consistent with the Report and
Recommendation of United States Magistrate Judge Elizabeth T. Hey dated November 16, 2011.

BY THE COURT:

/s/ Hon. Jan E. DuBois
JAN E. DUBOIS, J.