THORPE v. COLVIN

Filing 15

ORDER THAT REPORT AND RECOMMENDATION IS APPROVED & ADOPTED. PLFF'S REQUEST FOR REVIEW IS GRANTED, & THE DECISION OF THE COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION IS REVERSED TO THE EXTENT THAT THE MATTER IS REMANDED TO THE COMMISSIONER UNDER SENTENCE FOUR OF 42 U.S.C. SEC. 405(g) FOR FURTHER PROCEEDINGS CONSISTENT WITH U.S. MAGISTRATE JUDGE THOMAS J. RUETER'S REPORT & RECOMMENDATION. JUDGMENT IS ENTERED IN FAVOR OF PLFF, REVERSING THE DECISION OF THE COMMISSIONER FOR THE PURPOSE OF THIS REMAND ONLY. SIGNED BY HONORABLE WENDY BEETLESTONE ON 3/6/17. 3/7/17 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DARRYL A. THORPE

CIVIL ACTION

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

NO. 16-3615
ORDER

AND NOW, this t . y of

Mo-u~, 2017, upon consideration of Plaintiffs

Brief and Statement of Issues in Support of Request for Review, defendant's Response to
Request for Review of Plaintiff, and plaintiffs reply thereto, and after review of the Report and
Recommendation of United States Magistrate Judge Thomas J. Rueter, it is hereby
ORDERED
1.

The Report and Recommendation is APPROVED and ADOPTED.

2.

Plaintiffs Request for Review is GRANTED, and the decision of the

Commissioner of the Social Security Administration 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 United States Magistrate Judge Thomas J. Rueter's Report and
Recommendation.

On January 23, 2017, Nancy A. Berryhill became the Acting Commissioner of the Social
Security Administration. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy
A. Berryhill should be substituted as the defendant in this case.

3.

Judgment is entered in favor of plaintiff, reversing the decision of the

Commissioner for the purpose of this remand only,

WENDY BEETLESTONE,

2

J.