BOLLENDORF v. ASTRUE

Filing 19

ORDER THAT THERE BEING NO OBJECTIONS FROM DEFT, THE REPORT & RECOMMENDATION IS APPROVED & ADOPTED. PLFF'S REQUEST FOR REVIEW IS GRANTED & THE DECISION OF THE COMMISSIONER UNDER SENTENCE FOUR OF 42 U.S.C. SEC. 405(g) FOR FURTHER PROCEEDINGS CONSI STENT WITH THE REPORT & RECOMMENDATION. JUDGMENT IS ENTERED IN FAVOR OF PLFF, REVERSING THE DECISION OF THE COMMISSIONER FOR THE PURPOSE OF THIS REMAND ONLY. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 9/13/12. 9/17/12 ENTERED AND COPIES E-MAILED.(kw, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA STEPHEN D. BOLLENDORF, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant : : : : : : : CIVIL ACTION NO. 11-7735 ORDER AND NOW, this 13th day of September, 2012, upon independent consideration of the plaintiff’s request for review, and the defendant’s response thereto, and after review of the thorough and well-reasoned Report & Recommendation of United States Magistrate Judge Timothy R. Rice, IT IS ORDERED that: 1. There being no Objections from the defendant, the Report & Recommendation is APPROVED and ADOPTED. 2. The 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 the Report & Recommendation. 3. Judgment is entered in favor of the plaintiff, reversing the decision of the Commissioner for the purpose of this remand only. BY THE COURT: /s/ Lawrence F. Stengel LAWRENCE F. STENGEL, J.

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