HENDERSON v. ASTRUE
ORDER THAT MAGISTRATE JUDGE STRAWBRIDGE'S REPOR TAND RECOMMENDATION IS APPROVED AND ADOPTED. IT IS FURTHER ORDERED THAT PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED. IT IS FURTHER ORDERED THAT PLAINTIFF'S REQUEST FOR AN AWARD OF BENEFITS IS DENIED. IT IS FURTHER ORDERED THAT PLAINTIFF'S ALTERNATIVE REQUEST FOR REMAND IS GRANTED. IT IS FURTHER ORDERED THAT JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF JOANNE HENDERSON AND AGAINST DEFENDANT CAROLYN W. COLVIN, ACTING COMMISSIONER OF TH E SOCIAL SECURITY ADMINISTRATION. IT IS FURTHER ORDERED THAT THE DECISION OF THE COMMISSIONER DATED MAY 24, 2014 WHICH DENIED BENEFITS TO PLAINTIFF VERONICA PAUL IS VACATED. IT IS FURTHER ORDERED THAT PURSUANT TO SENTENCE FOUR OF 42 U.S.C. SECTION 40 5(g) THIS MATTER IS REMANDED TO THE ACTING COMMISSIONER FOR FURTHER PROCEEDINGS IN ACCORDANCE WITH MAGISTRATE JUDGE STRAWBRIDGE'S REPORT AND RECOMMENDATION. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES, ETC. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 10/24/2014. 10/27/2014 ENTERED AND COPIES E-MAILED.(lbs, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CAROLYN W. COLVIN,
Acting Commissioner of the
Social Security Administration
SOCIAL SECURITY ADMINISTRATION
O R D E R
NOW, this 24th day of October, 2014, upon consideration of
the following documents:
Complaint filed October 2, 2012;
Answer filed March 28, 2013;
Plaintiff’s Brief and Statement of Issues in Support
of Request for Review, which brief and statement of
issues was filed June 14, 2013 (“Plaintiff’s Brief”);
Defendant’s Response to Request for Review of
Plaintiff, which response was filed July 24, 2013;
Plaintiff’s Reply Brief filed August 5, 2013; and
Report and Recommendation of United States Magistrate
Judge David R. Strawbridge dated and filed
December 20, 2013;
after a thorough review of the record in this matter; it appearing
that neither party filed objections to Magistrate Judge Strawbridge’s
Report and Recommendation; it further appearing that Magistrate Judge
Strawbridge’s Report and Recommendation correctly determined the legal
and factual issues presented by the Complaint, Plaintiff’s Brief, and
Plaintiff’s Reply Brief,
IT IS ORDERED that Magistrate Judge Strawbridge’s Report
and Recommendation is approved and adopted.
IT IS FURTHER ORDERED that plaintiff’s request for review
IT IS FURTHER ORDERED that plaintiff’s request for an award
of benefits is denied.
IT IS FURTHER ORDERED that plaintiff’s alternative request
for remand is granted.
IT IS FURTHER ORDERED that judgment is entered in favor of
plaintiff Joanne Henderson and against defendant Carolyn W. Colvin,
Acting Commissioner of the Social Security Administration.
IT IS FURTHER ORDERED that the decision of the Commissioner
dated May 24, 2012 which denied benefits to plaintiff Veronica Paul is
IT IS FURTHER ORDERED that pursuant to sentence four of 42
U.S.C. § 405(g) this matter is remanded to the Acting Commissioner for
further proceedings in accordance with Magistrate Judge Strawbridge’s
Report and Recommendation.
IT IS FURTHER ORDERED that the Clerk of Court shall close
this case for statistical purposes.
BY THE COURT:
/s/ JAMES KNOLL GARDNER ___
James Knoll Gardner
United States District Judge
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