FINNEY v. ASTRUE

Filing 19

ORDER THAT REPORT & RECOMMENDATION IS APPROVED & ADOPTED; PLFF'S REQUEST FOR REVIEW IS GRANTED, & THE DECISION OF THE COMMISSIONER OF SOCIAL SECURITY IS REVERSED, TO THE EXTENT THAT THE MATTER IS REMANDED TO THE COMMISSIONER UNDER SENTENCE FOUR OF 42 U.S.C. SEC. 405(g) FOR FURTHER PROCEEDINGS CONSISTENT WITH THE MAGISTRATE JUDGE'S REPORT; & JUDGMENT IS ENTERED IN FAVOR OF PLFF, REVERSING THE DECISION OF THE COMMISSIONER FOR THE PURPOSE OF THIS REMAND ONLY. SIGNED BY HONORABLE JOHN R. PADOVA ON 1/10/14. 1/13/14 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
AARON P. FINNEY
v.
CAROLYN W. COLVIN,
Acting Commissioner,
Social Security Administration

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CIVIL ACTION

NO. 12-5095

ORDER
AND NOW, this 10th day of January, 2014, upon consideration of Plaintiff=s Brief in
Support of Plaintiff’s Motion for Summary Judgment (Docket No. 12), Defendant=s response
thereto, and Plaintiff’s reply, and after careful review of the Report and Recommendation of
United States Magistrate Judge Thomas J. Rueter, to which the parties have filed no objections, IT
IS HEREBY ORDERED as follows:
1.

The Report and Recommendation is APPROVED and ADOPTED;

2.

Plaintiff=s Request for Review is GRANTED, and the decision of the
Commissioner of Social Security 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 Magistrate Judge=s Report; and

3.

JUDGMENT IS ENTERED in favor of Plaintiff, reversing the decision of the
Commissioner for the purpose of this remand only.

BY THE COURT:

_/s/ John R. Padova_______________________
John R. Padova, J.