RIDDLE v. ASTRUE

Filing 18

MEMORANDUM AND/OR OPINION ORDER THAT JUDGMENT IS ENTERED IN FAVOR OF THE PLAINTIFF, REVERSING THE DECISION OF THE COMMISSIONER OF SOCIAL SECURITY FOR THE PURPOSES OF THIS REMAND ONLY AND THE RELIEF SOUGHT BY PLAINTIFF IS GRANTED TO THE EXTENT THAT THE MATTER IS REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS ADJUDICATION; AND THE CLERK OF COURT IS HEREBY DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 9/1/2011. 9/2/2011 ENTERED AND COPIES E-MAILED. (ems)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JEFFERY RIDDLE : : : : : v. MICHAEL J. ASTRUE, Commissioner of Social Security CIVIL ACTION NO. 10-5086 ORDER AND NOW, this 1st day of September, 2011, upon consideration of the brief in support of request for review filed by plaintiff (Doc. No. 14), defendant’s response and plaintiff’s reply thereto (Doc. Nos. 15 & 16) and having found after careful and independent consideration of the record that the ALJ made a legal error, it is concluded that the action must be remanded to the Commissioner under sentence four of 42 U.S.C. § 405(g). Therefore, for the reasons set forth in the memorandum above, I hereby ORDER that: 1. JUDGMENT IS ENTERED IN FAVOR OF THE PLAINTIFF, REVERSING THE DECISION OF THE COMMISSIONER OF SOCIAL SECURITY for the purposes of this remand only and the relief sought by Plaintiff is GRANTED to the extent that the matter is REMANDED for further proceedings consistent with this adjudication; and 2. The Clerk of Court is hereby directed to mark this case closed. /s/ J. Willliam Ditter, Jr. J. WILLIAM DITTER, JR., Sr. J

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