MARTIN v. ASTRUE

Filing 22

ORDER THAT REPORT & RECOMMENDATION IS APPROVED & ADOPTED; PLFF'S REQUEST FOR REVIEW IS GRANTED; & THIS MATTER IS REMANDED TO THE COMMISSIONER FOR FURTHER PROCEEDINGS CONSISTENT WITH THE REPORT & RECOMMENDATION. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL ENTER JUDGMENT IN FAVOR OF PLFF & AGAINST DEFT & SHALL MARK THIS CASE AS CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 11/27/12. 11/27/12 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LIZA MARTIN, on behalf of G.L.V.,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of the
Social Security Administration,
Defendant.

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CIVIL ACTION
NO. 11-5955

O R D E R
AND NOW, this 27th day of November, 2012, upon careful
and independent consideration of the parties’ briefs and the
Report and Recommendation of U.S. Magistrate Judge Lynne A.
Sitarski, it is hereby ORDERED as follows:
1.

The Report and Recommendation (ECF No. 21) is APPROVED
and ADOPTED;1

2.

Plaintiff’s Request for Review is GRANTED; and

3.

This matter is REMANDED to the Commissioner for
further proceedings consistent with the Report and
Recommendation.

1

Neither party filed objections to the Magistrate
Judge’s Report and Recommendation.

It is further ORDERED that the Clerk of the Court
shall enter JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT2
and shall mark this case as closed for statistical purposes.
AND IT IS SO ORDERED.

_s/Eduardo C. Robreno____
EDUARDO C. ROBRENO, J.

2

In a sentence four case, “[t]he district court shall
have power to enter, upon the pleadings and transcript of the
record, a judgment affirming, modifying, or revising the
decision of the Secretary, with or without remanding the cause
for a rehearing. . . .” Shalala v. Schaefer, 509 U.S. 292, 296
n.1 (1993) (citing 42 U.S.C. § 405(g) (2006)).
2