SEWELL v. COLVIN
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, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
, 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:
The Report and Recommendation is APPROVED and ADOPTED;
The final decision of the Commissioner denying disability benefits to Plaintiff is
The Plaintiff's Motion for Summary Judgment is GRANTED; and
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:
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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