LANSDOWNE v. BERRYHILL

Filing 23

OPINION ORDER THAT THE REPORT AND RECOMMENDATION (DOC. NO. 19 ), IS APPROVED AND ADOPTED. PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED. THE CASE IS REMANDED TO THE COMMISSIONER OF SOCIAL SECURITY AS OUTLINED HEREIN. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 8/10/2017. 8/10/2017 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TAURUS L. LANSDOWNE,
Plaintiff,

CIVIL ACTION
NO. 16-3188

v.
NANCY A. BERRYHILL,1
Acting Commissioner of Social Security,
Defendant.
ORDER

AND NOW, this 10th day of August 2017, upon consideration of the Report and
Recommendation filed by United States Chief Magistrate Judge Linda K. Caracappa (Doc. No.
19), Defendant’s Objections (Doc. No. 20), and in accordance with the Opinion issued this day, it
is ORDERED that:
1. The Report and Recommendation (Doc. No. 19) is APPROVED and ADOPTED.
2. Plaintiff’s Request for Review is GRANTED.
3. The case is REMANDED in accordance with the fourth sentence of 42 U.S.C. §
405(g)2 to the Commissioner of the Social Security Administration for proceedings

1

Nancy A. Berryhill is the acting Commissioner of the Social Security Administration. Pursuant
to Rule 24(d) of the Federal Rules of Civil Procedure, Berryhill replaces Carolyn W. Colvin as
Defendant in this case and no further action is needed to meet the requirement of the final
sentence of 42 U.S.C. § 405(g) which states:
Any action instituted in accordance with this subsection shall survive
notwithstanding any change in the person occupying the office of Commissioner
of Social Security or any vacancy in such office.

2

Sentence four of 42 U.S.C. § 405(g) provides that: “[t]he court shall have power to enter, upon
the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the

consistent with the Report and Recommendation of United States Chief Magistrate
Judge Linda K. Caracappa and the Opinion issued this day.

BY THE COURT:

/ s/ J oel H. S l om sk y
JOEL H. SLOMSKY, J.

decision of the Commissioner of Social Security, with or without remanding the cause for a
rehearing.”