BROOKS v. ASTRUE

Filing 15

ORDER THAT JUDGE RUETER'S REPORT AND RECOMMENDATION (DOC #4) IS APPROVED AND ADOPTED. BROOKS'S REQUEST FOR REVIEW (DOC #9) IS GRANTED IN PART AND DENIED IN PART. THIS CASE IS REMANDED TO THE COMMISSIONER FOR FURTHER PROCEEDINGS CONSISTENT WITH JUDGE RUETER'S REPORT AND RECOMMENDATION (DOC #14) AND THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. ( SIGNED BY HONORABLE STEWART DALZELL ON 12/12/12. ) 12/12/12 ENTERED AND COPIES E-MAILED.(gn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TONI ANN BROOKS
v.
MICHAEL J. ASTRUE

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CIVIL ACTION

NO. 12-1798

ORDER
AND NOW, this 12th day of December, 2012, upon careful
and independent consideration of plaintiff Toni A. Brooks’s brief
and statement of issues in support of request for review (docket
entry # 9), defendant Michael J. Astrue's response thereto
(docket entry # 11), and the Honorable Thomas J. Rueter’s
thorough and well-reasoned report and recommendation (docket
entry # 14), to which neither party has filed an objection within
the period specified by Loc. R. Civ. P. 72.1 IV (b), and the
Court agreeing with Judge Rueter that substantial evidence does
not support the ALJ’s determination that plaintiff is not
disabled and retains the residual functional capacity to perform
work which exists in the economy, it is hereby ORDERED that:
1.

Judge Rueter’s report and recommendation (docket

entry # 14) is APPROVED and ADOPTED;
2.

Brooks’s request for review (docket entry # 9) is

GRANTED IN PART and DENIED IN PART;

3.

This case is REMANDED to the Commissioner pursuant

to the fourth sentence of 42 U.S.C. § 405(g) for further
proceedings consistent with Judge Rueter’s report and
recommendation (docket entry # 14); and
4.

The Clerk of Court shall CLOSE this case

statistically.

BY THE COURT:

/s/ Stewart Dalzell, J.

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