MCDANIELS v. ASTRUE

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS GRANTED. THE CASE IS REMANDED IN ACCORDANCE WITH THE FOURTH SENTENCE OF 42 USC SECTION 405(g) TO THE COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION FOR PROCEEDINGS CONSISTENT WITH THE REPORT AND RECOMMENDATION. SIGNED BY HONORABLE C. DARNELL JONES, II ON 3/18/2014. 3/18/2014 ENTERED AND COPIES E-MAILED.(kp, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA WILLIS MCDANIELS, JR. Plaintiff CIVIL ACTION FILED vs. MAR 18 2014 ~CHAEL E. KUNZ, Cieri< CAROLYN COLVIN 1, Acting Commissioner of Social Security, Defendant - NO. 12-6083 ORDER DARNELL JONES, II, J. AND NOW, this/!~ ofht~014, upon consideration of the plaintiff's motion for summary judgment, and defendant's response to request for review, and after careful review of the Report and Recommendation of United State~ Magistrate Judge Linda K. Caracappa, IT IS ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. Plaintiff's Motion for Summary Judgment is GRANTED; 3. The case is REMANDED in accordance with the fourth sentence of 42 U.S.C. Section 405(g) to the Commissioner of the Social Security Administration for proceedings consistent with the Report and Recommendation of United States Magistrate ·nda K. Caracappa. S, II ES DISTRICT JUDGE 1 Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin should be substituted for previous Commissioner Michael J. Astrue as defendant in this suit. 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). -Dep. Clerk

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