BURGESS v. COLVIN

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS THAT THE REPORT AND RECOMMENDATION (DOC. 18) IS APPROVED AND ADOPTED. THE MATTER IS REMANDED TO THE COMMISSIONER PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) AS OUTLINED HEREIN. JUDGMENT SHALL BE ENTERED IN FAVOR OF PLAINTIFF AND AGAINST THE COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 3/30/16. 3/31/16 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CIVIL ACTION
NO. 15-1351

CYNTHIA BURGESS,
Plaintiff,
v.
CAROLYN W. COLVIN,
Defendant.
ORDER

AND NOW, this 30th day of March 2016, upon consideration of the Report and
Recommendation of Magistrate Judge Carol Sandra Moore Wells (Doc. No. 18), and that the
Report and Recommendation has not been objected to by the parties, it is ORDERED that:
1.

The Report and Recommendation (Doc. No. 18) is APPROVED and ADOPTED.

2. The matter is REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C.
§ 405(g), so that the Administrative Law Judge can consider explicitly Plaintiff’s obesity
when assessing her residual functional capacity and at Step Five of the sequential
evaluation process.
3. Judgment shall be entered in favor of Plaintiff and against the Commissioner of the
Social Security Administration.
BY THE COURT:

/ s / J oel H. S l om s k y
JOEL H. SLOMSKY, J.