ELIJAH v. COLVIN
ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED IN PART AND DENIED IN PART; THE MATTER IS REMANDED TO THE COMMISSIONER OF THE SOCIAL SECURITY ETC., AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 5/22/14. 5/23/14 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CAROLYN W. COLVIN,
Acting Commissioner of the
Social Security Administration,
O R D E R
AND NOW, this 22nd day of May, 2014, upon careful and
independent consideration of the parties’ briefs (ECF Nos. 10, 13,
14) and the Report and Recommendation of U.S. Magistrate Judge Jacob
P. Hart (ECF No. 16), it is hereby ORDERED as follows:
1. The Report and Recommendation is APPROVED and ADOPTED;1
2. Plaintiff’s Request for Review is GRANTED in part and
DENIED in part, as outlined in the Report and Recommendation; and
3. The matter is REMANDED to the Commissioner of Social
Security, pursuant to sentence four of 42 U.S.C. § 405(g), for
consideration of Plaintiff’s mental illness as a severe impairment,
and for the posing of a hypothetical question to a vocational expert
The Court undertakes a de novo review of the portions of
the Report and Recommendation to which a party has objected. See 28
U.S.C. § 636(b)(1); Cont’l Cas. Co. v. Dominick D’Andrea, Inc., 150
F.3d 245, 250 (3d Cir. 1998). The Court “may accept, reject or
modify, in whole or in part, the findings or recommendations made by
the magistrate judge.” 28 U.S.C. § 636(b)(1). In this instance,
neither party submitted objections to Magistrate Judge Hart’s Report
that includes Plaintiff’s mental limitations.
The Clerk of Court shall mark this case CLOSED.
AND IT IS SO ORDERED.
/s/ Eduardo C. Robreno
EDUARDO C. ROBRENO,
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