YORGEY v. ASTRUE

Filing 15

AMENDED ORDER THAT YORGEYS REQUEST FOR REVIEW IS DENIED INSOFAR AS IT SEEKS JUDGMENT AS A MATTER OF LAW & GRANTED INSOFAR AS IT SEEKS VACATUR AND REMAND ON THE GROUNDS RECOGNIZED IN THE ACCOMPANYING MEMORANDUM. THE AUGUST 10, 2009 DECISION OF THE ADM INISTRATIVE LAW JUDGE IS AFFIRMED IN PART & VACATED IN PART. CASE IS REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS ORDER AND MEMORANDUM, PURSUANT TO THE FOURTH SENTENCE OF 42 U.S.C. § 405(g). THE CLERK OF COURT IS DIRECTED TO MARK THE CASE AS CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/11/2012. 12/12/2012 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
:
:

LESTER A. YORGEY,
Plaintiff,

CIVIL ACTION
:

v.
No. 11-5095
MICHAEL J. ASTRUE, Commissioner
of Social Security,
Defendant.

:

AMENDED ORDER
AND NOW, this 11th day of December, 2012, upon careful and independent
consideration of Yorgey=s Request for Review (ECF Nos. 1, 7), the parties= briefing, and for the
reasons discussed in the accompanying Memorandum, it is hereby ORDERED:
(1) Yorgey=s Request for Review is DENIED insofar as it seeks judgment as a matter of
law and GRANTED insofar as it seeks vacatur and remand on the grounds recognized in
the accompanying Memorandum.
(2) The August 10, 2009 decision of the Administrative Law Judge is AFFIRMED in part
and VACATED in part.
(3) The case is REMANDED for further proceedings consistent with this Order and
Memorandum, pursuant to the fourth sentence of 42 U.S.C. ' 405(g).
(4) The Clerk of Court is directed to mark the case as CLOSED for statistical purposes.

BY THE COURT:
/s/ Michael M. Baylson
Michael M. Baylson, U.S.D.J.
O:\CIVIL 11\11-5095 YORGEY V. ASTRUE\YORGEY V. ASTRUE, 11-5095 - ORDER SS APPEAL.DOCX