SARGENT v. ASTRUE

Filing 16

ORDER THAT JUDGE HART'S REPORT AND RECOMMENDATIONS ARE HEREBY APPROVED AND ADOPTED. SARGENT'S REQUEST FOR REVIEW IS GRANTED IN PART AND DENIED IN PART. THIS CASE IS HEREBY REMANDED TO THE COMMISSIONER PURSUANT TO THE FOURTH SENTENCE OF 42 U SC 405(g) FOR FURTHER PROCEEDINGS CONSISTENT WITH JUDGE HART'S REPORT AND RECOMMENDATION AND THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE STEWART DALZELL ON 2/15/2013. 2/15/2013 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROBERT SARGENT, JR.
v.
MICHAEL J. ASTRUE

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:
:
:
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CIVIL ACTION

NO. 12-4564

ORDER
AND NOW, this 15th day of February, 2013, upon careful
and independent consideration of plaintiff Robert Sargent, Jr.’s
brief and statement of issues in support of request for review
(docket entry # 10), defendant Michael J. Astrue's response
thereto (docket entry # 11), and the Honorable Jacob P. Hart’s
thorough and well-reasoned report and recommendation (docket
entry # 15), 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 Hart that remand is necessary so
that the Administrative Law Judge may consider (a) Sargent’s
cervical spine disorder as a severe impairment; (b) the correct
lumbar spinal x-ray, rather than the misidentified x-ray later
determined not to depict Sargent’s spine, on which the ALJ
relied; and (c) evidence of Sargent’s persistent bilateral
wheezing, it is hereby ORDERED that:
1.

Judge Hart’s report and recommendation (docket

entry # 15) is APPROVED and ADOPTED;

2.

Sargent’s request for review (docket entry # 10)

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 Hart’s report and
recommendation (docket entry # 15); and
4.

The Clerk of Court shall CLOSE this case

statistically.

BY THE COURT:

/s/ Stewart Dalzell, J.

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