GRAHAM v. ASTRUE

Filing 14

ORDER THAT THE REPORT AND RECOMMENDATION (DOC #14) IS APPROVED AND ADOPTED. DEFT'S UNOPPOSED MOTION TO REMAND IS GRANTED, PLFF'S MOTION FOR SUMMARY JUDGMENT IS DENIED AS MOOT, AND THE MATTER IS REMANDED TO THE COMMISSIONER, ETC. THE COURT WILL ENTER A SEPARATE ORDER CONSISTENT WITH THE PROPOSED JUDGMENT ORDER THAT ACCOMPANIES DEFT'S MOTION TO REMAND (DOC #11). ( SIGNED BY HONORABLE JOEL H. SLOMSKY ON 2/28/11. ) 3/1/11 ENTERED AND COPIES E-MAILED.(gn, )

GRAHAM v. ASTRUE

Doc. 14

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DONALD GRAHAM, : : Plaintiff, : : v. : : MICHAEL J. ASTRUE, COMMISSIONER : OF SOCIAL SECURITY, : : Defendant. :

CIVIL ACTION NO. 10-3508

ORDER AND NOW, this 28th day of February 2011, upon consideration of Plaintiff's Motion for Summary Judgment and Brief and Statement of Issues In Support of Request For Review (Doc. No. 8), Defendant's Motion to Remand (Doc. No. 11), and after a review of the Report and Recommendation filed by United States Magistrate Judge Elizabeth T. Hey (Doc. No. 13), it is ORDERED as follows: 1. 2. The Report and Recommendation (Doc. No. 14) is APPROVED and ADOPTED. Defendant's unopposed Motion to Remand is GRANTED, Plaintiff's Motion for Summary Judgment is DENIED as moot, and the matter is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with United States Magistrate Judge Elizabeth T. Hey's Report and Recommendation (Doc. No. 13).

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The Court will enter a separate Order consistent with the proposed Judgment Order that accompanies Defendant's Motion to Remand (Doc. No. 11).

BY THE COURT:

/s/ Joel H. Slomsky, J. JOEL H. SLOMSKY, J.