ROBINSON v. COLVIN

Filing 32

ORDER THAT THE COMMISSIONER'S OBJECTIONS 26 ARE OVERRULED. PLAINTIFF'S OBJECTIONS 30 ARE OVERRULED. THE REPORT AND RECOMMENDATION 25 IS APPROVED AND ADOPTED. PLAINTIFF'S REQUEST FOR REVIEW 12 IS GRANTED IN PART. THE FINAL DECIS ION OF THE COMMISSIONER OF SOCIAL SECURITY IS REVERSED AND THE MATTER IS REMANDED IN ACCORDANCE WITH THE FOURTH SENTENCE OF 42 USC SEC. 405(G) FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS ORDER. THE CLERK OF COURT SHALL ENTER JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST THE COMMISSIONER; AND THE CLERK OF COURT SHALL REMOVE THIS CASE FROM THE CIVIL SUSPENSE DOCKET AND CLOSE THIS CASE. SIGNED BY HONORABLE PAUL S. DIAMOND ON 4/16/19. 4/17/19 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANGELA ROBINSON,
Plaintiff,

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v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

Civ. No. 14-1916

JUDGMENT
AND NOW, this 16th day of April, 2019, after careful and independent review of
Plaintiff’s Complaint (Doc. No. 3), the Commissioner’s Answer (Doc. No. 7), the Administrative
Record (Doc. No. 8), Plaintiff’s Brief and Statement of Issues in Support of Request for Judicial
Review (Doc. No. 12), the Commissioner’s Response (Doc. No. 18), Magistrate Judge Perkin’s
Report and Recommendation (Doc. No. 25), the Commissioner’s Objections (Doc. No. 26), and
Plaintiff’s Response and Objections (Doc. No. 30), it is hereby ORDERED that:
1. The Commissioner’s Objections (Doc. No. 26) are OVERRULED;
2. Plaintiff’s Objections (Doc. No. 30) are OVERRULED;
3. The Report and Recommendation (Doc. No. 25) is APPROVED and ADOPTED;
4. Plaintiff’s Request for Review (Doc. No. 12) is GRANTED in part;
5. The final decision of the Commissioner of Social Security is REVERSED and the matter
is REMANDED in accordance with the fourth sentence of 42 U.S.C. § 405(g) for further
proceedings consistent with this Order;
6. The CLERK OF COURT shall ENTER JUDGMENT in favor of Plaintiff and against
the Commissioner; and

7. The CLERK OF COURT shall REMOVE this case from the Civil Suspense Docket and
CLOSE this case.
AND IT IS SO ORDERED.
/s/ Paul S. Diamond
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Paul S. Diamond, J.

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