WOOD v. ASTRUE

Filing 14

ORDER THAT MAGISTRATE JUDGE RICE'S REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED; AND JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF KIM WOOD AND AGAINST DEFENDANT CAROLYN W. COLVIN. IT IS FURTHER ORDERED THAT THE DECISION OF THE COMMISSIONER DATED 11/16/09 AND AFFIRMED BY THE APPEALS COUNCIL ON MARCH 17, 2011 WHICH DENIED BENEFITS TO PLAINTIFF KIM WOOD IS REVERSED, AND THIS MATTER IS REMANDED TO THE COMMISSIONER FOR PROCEEDINGS CONSISTENT WI TH MAGISTRATE JUDGE RICE'S REPORT AND RECOMMENDATION. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JUDGE JAMES KNOLL GARDNER NON 11/15/13. 11/18/13 ENTERED AND COPIES E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KIM WOOD,
Plaintiff
v.
CAROLYN W. COLVIN1,
Acting Commissioner of the
Social Security Administration
Defendant
SOCIAL SECURITY ADMINISTRATION
Interested Party

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Civil Action
No. 12-cv-05657

O R D E R
NOW, this 15th day of November, 2013, upon
consideration of the following documents:
(1)
(2)

Complaint filed October 16, 2012;

(3)

Answer filed December 18, 2012;

(4)

1

Decision of Administrative Law Judge Linda M.
Bernstein dated March 17, 2011;

Plaintiff’s Motion for Summary Judgment or, in
the Alternative, Plaintiff’s Motion for Remand,
which motion for summary judgment and alternative
motion for remand was filed January 30, 2013,
together with

Carolyn W. Colvin became Acting Commissioner of the Social
Security Administration on February 14, 2013. Pursuant to Rule 25(d) of the
Federal Rules of Civil Procedure, Carolyn W. Colvin should be substituted as
the defendant in this suit for the former Commissioner, Michael J. Astrue,
whom she replaced. No further action need be taken to continue this suit by
reason of the last sentence of section 205(g) of the Social Security Act,
42 U.S.C. § 405(g).

(A)

Plaintiff’s Brief and Statement of Issues in
Support of Request for Review and Motion for
Summary Judgment;

(5)

Defendant’s Response to Request for Review by
Plaintiff, which response was filed February 14,
2013;

(6)

Plaintiff’s Reply Brief filed February 22, 2013;
and

(7)

Report and Recommendation of United States
Magistrate Judge Timothy R. Rice filed March 25,
2013;

it appearing that neither party filed objections to Magistrate
Judge Rice’s Report and Recommendation; it further appearing
that Magistrate Judge Rice’s Report and Recommendation correctly
determined the legal and factual issues presented in this case,
IT IS ORDERED that Magistrate Judge Rice’s Report and
Recommendation is approved and adopted.
IT IS FURTHER ORDERED that plaintiff’s request for
review is granted.2
IT IS FURTHER ORDERED that judgment is entered in
favor of plaintiff Kim Wood and against defendant Carolyn W.
Colvin, Commissioner of the Social Security Administration.
2

Pursuant to paragraph 3 of the Procedural Order for Social
Security Review, plaintiff is required to file and serve “Plaintiff’s Brief
and Statement of Issues in Support of Request for Review and Motion for
Summary Judgment”, which plaintiff did on January 30, 2013. I consider
paragraph 1 of plaintiff’s Complaint in which she “seeks judicial review
pursuant to 42.U.S.C. [§] 405(g) of an adverse decision of the Commissioner
of Social Security” to be a “Request for Review”. plaintiff’s motion for
summary judgment filed January 30, 2013 is no longer a required or
appropriate procedure in an action seeking review of a decision by the
Commissioner of Social Security denying Plaintiff Supplemental Security
Income benefits. Accordingly, I am disregarding it.
-2-

IT IS FURTHER ORDERED that the decision of the
Commissioner dated November 16, 2009 and affirmed by the Appeals
Council on March 17, 2011 which denied benefits to plaintiff Kim
Wood is reversed.
IT IS FURTHER ORDERED that pursuant to sentence four
of 42 U.S.C. § 405(g) this matter is remanded to the
Commissioner for proceedings consistent with Magistrate Judge
Rice’s Report and Recommendation.
IT IS FURTHER ORDERED that the Clerk of Court shall
mark this case closed for statistical purposes.

BY THE COURT:
/s/ JAMES KNOLL GARDNER
James Knoll Gardner
United States District Judge

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