FOSTER v. COLVIN

Filing 22

ORDER THAT MAGISTRATE JUDGE RICE'S REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. IT IS FURTHER ORDERED THAT PLAINTIFF'S REQUEST FORREVIEW IS GRANTED.IT IS FURTHER ORDERED THAT PLAINTIFF'S REQUEST FOR REMAND IS GRANTED.IT IS FURTHE R ORDERED THAT JUDGMENT IS ENTERED IN FAVOROF PLAINTIFF JENNIFER GALE FOSTER, AND AGAINST DEFENDANT CAROLYN W. COLVIN, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION. IT IS FURTHER ORDERED THAT THE DECISION OF THE COMMISSIONER DATED MARCH 14, 2012 AND AFFIRMED BY THE APPEALSCOUNCIL ON MARCH 29, 2013 WHICH DENIED BENEFITS TO PLAINTIFF JENNIFER GALE FOSTER IS REVERSED. IT IS FURTHER ORDERED THAT PURSUANT TO SENTENCE FOUR OF42 U.S.C. § 405(G) THIS MATTER IS REMANDED TO THE COMMISSIO NER FOR FURTHER PROCEEDINGS IN ACCORDANCE WITH MAGISTRATE JUDGE RICE'S REPORT AND RECOMMENDATION. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 2/24/15. 2/25/15 ENTERED AND COPIES E-MAILED.(er, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JENNIFER GALE FOSTER,
Plaintiff
vs.
CAROLYN W. COLVIN,
Acting Commissioner of
Social Security,
Defendant
SOCIAL SECURITY ADMINISTRATION
Interested Party

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Civil Action
No. 2013-cv-02381

O R D E R
NOW, this 24th day of February, 2015, upon
consideration of the following documents:
(1)

Decision of Administrative Law Judge Nancy
Lisewski dated March 14, 2012;

(2)

Complaint filed May 8, 2013;

(3)

Answer filed July 9, 2013;

(4)

Plaintiff’s Brief and Statement of Issues
in Support of Request for Review, which
brief and statement of issues was filed
September 11, 2013;

(5)

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

(6)

Plaintiff’s Reply Brief filed December 3,
2013; and

(7)

Report and Recommendation of United States
Magistrate Judge Timothy R. Rice dated and
filed November 14, 2014;

after a thorough review of the record in this matter; 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.
IT IS FURTHER ORDERED that plaintiff’s request for
remand is granted.
IT IS FURTHER ORDERED that judgment is entered in favor
of plaintiff Jennifer Gale Foster, and against defendant
Carolyn W. Colvin, Acting Commissioner of the Social Security
Administration.
IT IS FURTHER ORDERED that the decision of the
Commissioner dated March 14, 2012 and affirmed by the Appeals
Council on March 29, 2013 which denied benefits to plaintiff
Jennifer Gale Foster 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 further proceedings in accordance with Magistrate Judge
Rice’s Report and Recommendation.

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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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