CARTER v. ASTRUE

Filing 16

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED, AND THE DECISION OF THE COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION IS REVERSED TO THE EXTENT THAT THE MATTER IS REMANDED TO THE COMMISSIONER UNDER SENTENCE FOUR OF 42 U.S.C. 405(g) OF FURTHER PROCEEDINGS CONSISTENT WITH UNITED STATES MAGISTRATE JUDGE THOMAS J. RUETER'S REPORT AND RECOMMENDATION. JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF, REVERSING THE DECISION OF THE COMMISSIONER FOR THE PURPOSE OF THIS REMAND ONLY. SIGNED BY HONORABLE J. CURTIS JOYNER ON 8/22/12. 8/22/12 ENTERED AND COPIES E-MAILED.(ti, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CIVIL ACTION JEROME CARTER v. ~r r• II MICHAEL J. ASTRUE, Commissioner of Social Security Administration NO. 11-6724 MICHAeL 1:.1\.ui\IL:, Cler:< By Dep. Clerk ORDER AND NOW, th~~;t;Sf~ 2012, upon consideration of Plaintiff's Brief and Statement oflssues in Support ofRequeQror Review, defendant's Response to Request for Review of Plaintiff, and Plaintiff's Reply, and after review of the Report and Recommendation of United States Magistrate Judge Thomas J. Rueter, it is hereby ORDERED I. The Report and Recommendation is APPROVED and ADOPTED. 2. Plaintiff's Request for Review is GRANTED, and the decision of the Commissioner of the Social Security Administration is REVERSED to the extent that 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 Thomas J. Rueter's Report and Recommendation. 3. Judgment is entered in favor of plaintiff, reversing the decision of the Commissioner for the purpose of this remand only. BY THE COURT:

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