GREEN v. COLVIN

Filing 20

ORDER THAT PLAINTIFFS OBJECTIONS ARE SUSTAINED; THE REPORT AND RECOMMENDATION (DOC. NO. 16 ) IS NOT APPROVED; AND THIS MATTER IS REMANDED TO THE COMMISSIONER PURSUANT TO 42 U.S.C. ' 405(G) FOR FURTHER PROCEEDINGS CONSISTENT WITH THE REPORT AND RECOMMENDATION. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 4/27/16. 4/28/16 ENTERED AND COPIES E-MAILED. (va, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ___________________________________ _ JOANN GREEN, : Plaintiff, : : v. : CIVIL ACTION NO. 14-1942 : CAROLYN W. COLVIN, : COMMISSIONER OF SOCIAL SECURITY : Defendant. : ORDER AND NOW, this 27th day of April 2016, upon careful and independent consideration of Plaintiff’s Brief and Statement of Issues in Support of Request for Review [Doc. No. 9], Defendant’s Response [Doc. No. 14], and Plaintiff’s Reply [Doc. No. 15], the administrative record [Doc. No. 6], the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa [Doc. No. 16], and the objections thereto [Doc. No. 17], the Court finds that the administrative record lacks substantial evidence to support the ALJ’s findings of fact and conclusions of law. Accordingly: 1. Plaintiff’s Objections are SUSTAINED; 2. The Report and Recommendation [Doc. No. 16] is NOT APPROVED; and 3. This matter is REMANDED to the Commissioner pursuant to 42 U.S.C. ' 405(g) for further proceedings consistent with the Report and Recommendation. It is so ORDERED. BY THE COURT: /s/ Cynthia M. Rufe _____________________ CYNTHIA M. RUFE, J.

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