GRANT v. ASTRUE

Filing 20

ORDER THAT THE REPORT AND RECOMMENDATION (DOC. NO. 19) IS APPROVED AND ADOPTED. PLAINTIFF'S REQUEST FOR REMAND IS GRANTED, AND THIS MATTER IS REMANDED TO THE COMMISSIONER FOR FURTHER PROCEEDINGS CONSISTENT WITH THE REPORT AND RECOMMENDATION. JUD GMENT IS ENTERED REVERSING THE DECISION OF THE COMMISSIONER OF SOCIAL SECURITY FOR THE PURPOSE OF REMAND ONLY. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 12/9/2011. 12/12/2011 ENTERED AND COPIES E-MAILED. (ems)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
MICHELLE ABNEY GRANT,
:
Plaintiff,
:
CIVIL ACTION
:
No. 10-2780
v.
:
:
MICHAEL J. ASTRUE,
:
Commissioner of the Social Security
:
Administration,
:
Defendant.
:
____________________________________:
ORDER
AND NOW, this 9th day of December 2011, upon careful and independent consideration of
Plaintiff’s Brief and Statement of Issues [Doc. No. 12], Defendant’s Response [Doc. No. 5],
Plaintiff’s Reply [Doc. No. 16], and the administrative record, and upon review of the Report and
Recommendation of United States Magistrate Judge Henry S. Perkins [Doc. No. 19], to which
there were no objections, the Court finds that the administrative record does not contain
substantial evidence to support the ALJ’s findings of fact and conclusions of law.
Accordingly, it is hereby ORDERED that the Report and Recommendation [Doc. No. 19]
is APPROVED and ADOPTED, Plaintiff’s request for remand is GRANTED, and this matter is
REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) for
further proceedings consistent with the Report and Recommendation.
Judgement is entered reversing the decision of the Commissioner of Social Security for the
purpose of remand only.
The Clerk of Court is DIRECTED to close this case.
It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
______________________________
CYNTHIA M. RUFE, J.