COLON v. COLVIN

Filing 15

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED, AND THE DECISION OF THE COMMISSIONER OF SOCIAL SECURITY IS REVERSED TO THE EXTENT THAT THE MATTER IS REMANDED TO THE COMMISSIONER FOR FU RTHER PROCEEDINGS CONSISTENT WITH THE MAGISTRATE JUDGE'S REPORT. JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF, REVERSING THE DECISION OF THE COMMISSIONER FOR THE PURPOSE OF THIS REMAND ONLY. SIGNED BY HONORABLE JOHN R. PADOVA ON 4/19/2017. 4/19/2017 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MELINDA COLON, o/b/o E.M.C., a minor
child
v.
NANCY A. BERRYHILL,1 Acting
Commissioner of the Social Security
Administration

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CIVIL ACTION

NO. 16-2748

ORDER
AND NOW, this 19th day of April, 2017, upon consideration of Plaintiff’s Brief and
Statement of Issues in Support of Request for Review (Docket No. 8), Defendant’s Response
thereto, Plaintiff’s Reply Brief, and the Report and Recommendation of United States Magistrate
Judge Thomas J. Reuter (Docket No. 13), to which no objections have been filed, IT IS HEREBY
ORDERED as follows:
1.

The Report and Recommendation is APPROVED and ADOPTED.

2.

Plaintiff=s Request for Review is GRANTED, and the decision of the
Commissioner of Social Security is REVERSED to the extent that the matter is
REMANDED to the Commissioner under sentence four of 42 U.S.C. ' 405(g) for
further proceedings consistent with the Magistrate Judge=s Report.

3.

JUDGMENT IS ENTERED in favor of Plaintiff, reversing the decision of the
Commissioner for the purpose of this remand only.
BY THE COURT:
/s/ John R. Padova, J.
John R. Padova, J.

1

Nancy A. Berryhill has replaced Carolyn W. Colvin as the Acting Commissioner of
Social Security. Accordingly, pursuant to Federal Rule of Civil Procedure 25(d), we substitute
Berryhill as the named Defendant in this action.