RIVERA v. COLVIN

Filing 27

ORDER THAT THE REPORT AND RECOMMENDATION IS REJECTED. PLAINTIFF'S OBJECTIONS TO THE REPORT AND RECOMMENDATION ARE OVERRULED AND MOOT. THE DECISION OF DEFENDANT IS REVERSED AND PLAINTIFF IS AWARDED THE BENEFITS SOUGHT. THE CASE IS REMANDED TO THE ACTING COMMISSIONER FOR THE SOLE PURPOSE OF CALCULATING THE BENEFTIS OWED TO PLAINTIFF. JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE JAN E. DUBOIS ON 4/29/16. 4/29/16 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LEONARDO RIVERA,
Plaintiff,

CIVIL ACTION

v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security
Administration,
Defendant.

NO. 14-6176

ORDER
AND NOW, this 29th day of April, 2016, upon consideration of plaintiff’s Complaint
(Doc. No. 3, filed November 4, 2014), defendant’s Answer (Doc. No. 10, filed February 12,
2015), plaintiff’s Brief and Statement of Facts in Support of Request for Review (Doc. No. 14,
filed May 1, 2015), defendant’s Response to Request for Review of Plaintiff (Doc. No. 15, filed
June 2, 2015), plaintiff’s Reply Brief (Doc. No. 18, filed June 15, 2015), the Report and
Recommendation of United States Magistrate Judge M. Faith Angell dated January 29, 2016,
plaintiff’s Objections to Report and Recommendation (Doc. No. 23, filed February 14, 2016),
and defendant’s Reply [sic] to Plaintiff’s Objections to Report and Recommendation (Doc. No.
25, filed February 29, 2016), for the reasons set forth in the accompanying Memorandum dated
April 29, 2016, IT IS ORDERED as follows:
1.

The Report and Recommendation of United States Magistrate Judge M. Faith

Angell dated January 29, 2016, is REJECTED;
2.
MOOT;

Plaintiff’s Objections to Report and Recommendation are OVERRULED as

3.

The decision of defendant Carolyn W. Colvin, Acting Commissioner of the Social

Security Administration, is REVERSED pursuant to the fourth sentence of 42 U.S.C. § 405(g)
and plaintiff is AWARDED the benefits sought;
4.

The case is REMANDED to the Acting Commissioner for the sole purpose of

calculating the benefits owed to plaintiff;
5.

Judgment is ENTERED in favor of plaintiff, Leonardo Rivera, and against

defendant, Carolyn W. Colvin, Acting Commissioner of the Social Security Administration.
IT IS FURTHER ORDERED that the Clerk of Court shall MARK this case CLOSED.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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