YUKHA v. ASTRUE

Filing 14

ORDER THAT THE REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE LYNNE A. SITARSKI DATED 11/10/2011 IS APPROVED AND ADOPTED. PLAINTIFFS REQUEST FOR REVIEW IS GRANTED TO THE EXTENT IT SEEKS REMAND TO THE COMMISSIONER. PLAINTIFFS REQUEST FOR REVIEW IS DENIED IN ALL OTHER PURPOSES. DEFENDANTS OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ARE OVERRULED. THE CASE IS REMANDED TO THE COMMISSIONER OF SOCIAL SECURITY FOR FURTHER PROCEEDINGS CONSISTENT WITH THE REPORT AND RECOMMENDATION. SIGNED BY HONORABLE JAN E. DUBOIS ON 2/27/2012. 2/28/2012 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION

VALDIMIR YUKHA,
Plaintiff,

NO. 10-5239

v.
MICHAEL J. ASTRUE, Commissioner of
Social Security,

Defendant.

ORDER
AND NOW, this 27th day of February, 2012, upon consideration of plaintiffs Complaint

requesting review of an adverse decision of the Commissioner (Document No.1, filed October 6,
2010), defendant's Answer (Document No.4, filed December 13,2010), Plaintiffs Brief and
Statement ofIssues in Support of Request for Review (Document No.6, filed January 22,2011),
Defendant's Response to Request for Review of Plaintiff (Document No.7, filed February 24,
2011), and Plaintiffs Reply Brief (Document No.8, filed March 8,2011); and after review of the
Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski (Document
No. 10, filed November 10,2011), Defendant's Objections to the Magistrate Judge's Report and
Recommendation (Document No. 11, filed November 23,2011), Plaintiffs Response in
Opposition to Defendant's Objections to the Magistrate Judge's Report and Recommendation
(Document No. 12, filed December 3, 2011), and the record in this case, for the reasons set forth
in the Memorandum dated February 27,2012, IT IS ORDERED as follows:
1. The Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski
dated November 10, 2011, is APPROVED AND ADOPTED;

2. Plaintiff's Request for Review is GRANTED to the extent it seeks remand to the
Commissioner. Plaintiff's Request for Review is DENIED in all other respects;
3. Defendant's Objections to the Magistrate Judge's Report and Recommendation 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 Lynne A. Sitarski dated November 10,2011.

BY THE COURT:

JA~ E.DUBOIS, J.