MYERS v. COLVIN

Filing 22

ORDER THAT REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE DECISION OF THE COMMISSIONER IS VACATED AND PLAINTIFFS REQUEST FOR REVIEW IS GRANTED. THE MATTER BE REMANDED TO THE COMMISSIONER FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS REPORT. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 6/14/17. 6/15/17 ENTERED AND COPIES EMAILED.(rf, )

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MELISSA EVETT MYERS,
Plaintiff,

CIVIL ACTION

v.
NO. 15-3521

NANCY A. BERRYHILL,1
Acting Commissioner of Social Security,
Defendant.

the brief in support of review filed by Plaintiff,
Defendant's response, and Plaintiffs reply brief (Doc. Nos. 11, 16, & 17), and after review of
the Report and Recommendation of United States Magistrate Judge David R. Strawbridge, it is
hereby ORDERED that:

1.

The Report and Recommendation is APPROVED and ADOPTED;

2.

The decision of the Commissioner is VACATED and Plaintiffs Request for
Review is GRANTED;

3.

The matter be REMANDED to the Commissioner for further proceedings
consistent with this Report; and

3.

The Clerk of the Court shall mark this case CLOSED for statistical purposes.

1

Nancy A. Berryhill became the Acting Commissioner of Social Security on January 23, 2017. Pursuant
to Rule 25( d) of the Federal Rules of Civil Procedure, Ms. Berryman should be substituted for the former
Acting Commissioner, Carolyn Colvin, as the defendant in this action. No further action need be taken to
continue this suit pursuant to section 205(g) of the Social Security Act. 42 U.S.C. § 405(g) .

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