GALLO v. ASTRUE

Filing 16

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE RELIEF SOUGHT BY PLAINTIFF IS GRANTED IN PART AS DESCRIBED BELOW; THIS CASE IS REMANDED TO THE COMMISSIONER PURSUANT TO THE FOURTH SENTENCE OF 42 USC SECTION 405(G) AND IN ACCORDANCE WITH THE REPORT AND RECOMMENDATION; AND IN ALL OTHER RESPECTS, PLAINTIFF'S REQUEST FOR RELIEF IS DENIED. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 10/4/13. 10/7/13 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PATRICK J. GALLO
v.
CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL
SECURITY

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CIVIL ACTION

NO. 12-6460

ORDER
AND NOW, this 4th day of October, 2013, upon
consideration of plaintiff’s Brief and Statement of Issues in
Support of Request for Review (Docket #6), defendant’s opposition
and plaintiff’s reply thereto, and after review of the Report and
Recommendation of United States Magistrate Judge Henry S. Perkin
dated September 19, 2013, IT IS HEREBY ORDERED that:
1.

The Report and Recommendation is APPROVED and
ADOPTED;

2.

The relief sought by plaintiff is GRANTED in part
as described below;

3.

This case is REMANDED to the Commissioner pursuant
to the fourth sentence of 42 U.S.C. § 405(g) and
in accordance with the Report and Recommendation;
and

4.

In all other respects, plaintiff’s request for
relief is DENIED.
BY THE COURT:

/s/ Mary A. McLaughlin
MARY A. McLAUGHLIN, J.