CIPOLLA v. COLVIN

Filing 23

ORDER THAT UPON CONSIDERATION OF PLAINTIFF'S BRIEF AND STATEMENT OF ISSUES IN SUPPORT OF REQUEST FOR REVIEW 12 , DEFENDANT'S RESPONSE 15 , THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE MARILYN HEFFLEY 18 , IT IS ORD ERED THAT THE PLAINTIFF'S OBJECTIONS ARE SUSTAINED IN PART AND OVERRULED IN PART; THE REPORT AND RECOMMENDATION IS NOT ADOPTED; TO THE EXTENT THE PLAINTIFF SEEKS REMAND, THE REQUEST FOR REVIEW IS GRANTED; AND THE MATTER IS REMANDED TO THE COMMISSIONER, PURSUANT TO SENTENCE FOURT OF 42 U.S.C. 405(g), ETC. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 3/13/18. 3/13/18 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PATRICK MICHAEL CIPOLLA
v.
CAROLYN W. COLVIN, Acting
Commissioner, Social Security
Administration

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CIVIL ACTION

NO. 16-2664

ORDER
NOW, this 13th day of March, 2018, upon consideration of Plaintiff=s Brief and
Statement of Issues in Support of Request for Review (Document No. 12), the
defendant=s response (Document No. 15), the Report and Recommendation of United
States Magistrate Judge Marilyn Heffley (Document No. 18) , Plaintiff=s Objections to the
Report and Recommendation, and after a thorough and independent review of the
record, it is ORDERED as follows:
1.

The plaintiff=s objections are sustained in part and overruled in part;

2.

The Report and Recommendation is not adopted;

3.

To the extent the plaintiff seeks remand, the request for review 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 Memorandum Opinion
issued this day.

/s/TIMOTHY J. SAVAGE