OLIVA v. ASTRUE

Filing 18

MEMORANDUM AND/OR OPINION ORDER THAT PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED INSOFAR AS IT REQUESTS THAT THE MATTER BE VACATED AND REMANDED. PLAINTIFF'S REQUEST FOR REVIEW IS DENIED INSOFAR AS IT REQUESTS REVERSAL OF THE COMMISSIONER'S DECISION AND THIS MATTER IS REMANDED TO THE COMMISSIONER FOR FURTHER PROCEEDINGS CONSISTENT WITH THE MEMORANDUM OPINION ACCOMPANYING THIS ORDER. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 8/31/2011. 8/31/2011 ENTERED AND COPIES E-MAILED. (ems)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IBIS OLIVA v. MICHAEL J. ASTRUE Commissioner of Social Security : : : : : : : CIVIL ACTION NO. 10-2616 ORDER AND NOW, this 31st day of August, 2011, upon consideration of the Plaintiff’s Motion for Summary Judgment and Request for Review (Document No. 11), the defendant’s response, and after a careful and thorough review of the entire record, it is ORDERED as follows: 1. Plaintiff’s request for review is GRANTED insofar as it requests that the matter be vacated and remanded; 2. Plaintiff’s request for review is DENIED insofar as it requests reversal of the Commissioner’s decision; and 3. This matter is REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings consistent with the Memorandum Opinion accompanying this Order. /s/Timothy J. Savage TIMOTHY J. SAVAGE, J.

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