SEWELL v. COLVIN

Filing 17

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE FINAL DECISION OF THE COMMISSIONER DENYING DISABILITY BENEFITS TO PLAINTIFF IS VACATED. THE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS GRANTED. THE MATTER IS REMANDED TO THE COMMISSIONER FOR FURTHER PROCEEDINGS CONSISTENT WITH THE MAGISTRATE JUDGE'S REPORT. SIGNED BY HONORABLE ROBERT F. KELLY ON 10/25/17. 10/25/17 ENTERED AND COPIES E-MAILED.(mbh, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CIVIL ACTION DEBORAH SEWELL Plaintiff v. NO. 15-3876 1 NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ORDER AND NOW, this~f~y of (5Jc,)t.d , 2017, upon independent review of the brief in support of review filed by Plaintiff, Defendant's response thereto, and Plaintiffs reply thereto (Doc. Nos. 7, 10 & 12), and the administrative record, and after careful consideration 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 final decision of the Commissioner denying disability benefits to Plaintiff is VACATED; 3. The Plaintiff's Motion for Summary Judgment is GRANTED; and 4. The matter is REMANDED to the Commissioner pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings consistent with the Magistrate Judge's Report. BY THE COURT: 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). .., . ROBERTF. KELLY,

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