BROPHY v. COLVIN

Filing 21

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED IN PART AND DENIED IN PART, ETC. THE COMMISSIONER'S DECISION DENYING PLAINTIFF'S CLAIM FOR BENEFITS IS REVERSED. THIS MATTER IS REMANDED TO THE COMMISSIONER OF SOCIAL SECURITY, ETC. THE CLERK OF COURT SHALL REMOVE THIS CASE FROM SUSPENSE AND MARK THE CASE CLOSED. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 05/18/2017. 05/19/2017 ENTERED AND COPIES E-MAILED. (nds)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MARIE ANN BROPHY, Plaintiff, v. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. : : : : : : : : : : CIVIL ACTION NO. 16-2093 O R D E R AND NOW, this 18th day of May, 2017, after reviewing Plaintiff’s Request for Review of the decision of the Commissioner of Social Security (ECF No. 9), the Commissioner's response (ECF No. 12), the Plaintiff’s reply (ECF No. 14), and the Report and Recommendation of United States Magistrate Judge Jacob P. Hart (ECF No. 16), there being no objections, it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED and 2. Plaintiff’s Request for Review is GRANTED in part ADOPTED; and DENIED in part. The Request for Review is GRANTED to the extent that it seeks a reversal of the Commissioner’s decision denying Plaintiff’s claim for benefits. The Request for Review is DENIED to the extent it seeks a determination by this Court that Plaintiff is entitled to social security benefits; 3. The Commissioner’s decision denying Plaintiff’s claim for benefits is REVERSED; 4. This matter is REMANDED to the Commissioner of Social Security in accordance with the fourth sentence of 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendation; and 5. The Clerk of Court shall remove this case from suspense and mark the case as CLOSED. AND IT IS SO ORDERED. /s/ Eduardo C. Robreno EDUARDO C. ROBRENO, J. 2

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