CALLAHAN v. ASTRUE

Filing 17

MEMORANDUM AND/OR OPINION ORDER THAT THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ELIZABETH T. HEY IS APPROVED AND ADOPTED AS MODIFIED BY THE MEMORANDUM DATED 11/7/2011. PLAINTIFF'S REQUEST FOR REVIEW OF THE ADVERSE DECISION O F THE COMMISSIONER OF SOCIAL SECURITY DATED 8/13/2008 IS GRANTED. DEFENDANT'S OBJECTIONS TO THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE IS OVERRULED AND THE CASE IS REMANDED TO THE COMMISSIONER OF SOCIAL SECURITY FOR FURTHER PROCEEDINGS CONSISTENT WITH THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE ELIZABETH T. HEY DATED 9/26/2011. SIGNED BY HONORABLE JAN E. DUBOIS ON 11/7/2011. 11/9/2011 ENTERED AND COPIES E-MAILED. (ems)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
_____________________________________
SHEILA A. CALLAHAN,
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of
Social Security,
Defendant.
_____________________________________

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CIVIL ACTION

NO. 10-2179

ORDER
AND NOW, this 7th day of November, 2011, upon consideration of plaintiff’s Complaint
requesting review of an adverse decision of the Commissioner dated August 13, 2008 (Document
No. 1, filed May 12, 2010), Plaintiff’s Brief and Statement of Issues in Support of Her Request
for Review (Document No. 7, filed September 16, 2010), Defendant’s Response to Request for
Review of Plaintiff (Document No. 9, filed October 21, 2010), and Plaintiff’s Reply to
Defendant’s Response to Request for Review of Plaintiff (Document No. 10, filed October 29,
2010); and after review of the Report and Recommendation of United States Magistrate Judge
Elizabeth T. Hey (Document No. 13, filed September 26, 2011), Defendant’s Objections to the
Report and Recommendation of the United States Magistrate Judge (Document No. 14, filed
October 7, 2011), and Plaintiff’s Response to Defendant’s Objections to the Report and
Recommendation of the United States Magistrate Judge (Document No. 15, filed October 11,
2011), for the reasons set forth in the Memorandum dated November 7, 2011, IT IS ORDERED
as follows:
1. The Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey

is APPROVED AND ADOPTED as modified by the Memorandum dated November 7, 2011;
2. Plaintiff’s Request for Review of the adverse decision of the Commissioner of Social
Security dated August 13, 2008, is GRANTED;
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 September 26, 2011.

BY THE COURT:

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