DURST v. COLVIN

Filing 19

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE FINAL DECISION OF THE COMMISSIONER DENYING DISABILITY BENEFITS TO PLAINTIFF IS VACATED; AND THE MATTER IS REMANDED TO THE COMMISSIONER PURSUANT TO SENTENCE FOUR OF 42 U.S.C. 405(g) FOR FURTHER PROCEEDINGS CONSISTENT WITH THE MAGISTRATE JUDGE'S REPORT. SIGNED BY HONORABLE GERALD A. MCHUGH ON 4/16/18. 4/16/18 ENTERED AND COPIES E-MAILED.(ti, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA LORRAINE DURST, Plaintiff, CIVIL ACTION NO. 2:16-3764 v. NANCY A. BERRYHILL 1 Acting Commissioner of Social Security Defendant. FILED APR 16 2018 ORDER AND NOW, this /t 711 day of A l',,c. 1 t KATE BARKM;;,N, Cle!~ Oep. C1erk By , 2018, upon independent review of the brief in support of review filed by Plaintiff, Defendant's response thereto thereto, and Plaintiffs reply thereto (Doc. Nos. 11, 12 and 15), and the administrative record, and after careful consideration of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge, it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. The final decision of the Commissioner denying disability benefits to Plaintiff is VACATED; and 3. The matter is REMANDED to the Commissioner pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings consistent with the Magistrate Judge's Report Gerald A. McHugh, Jr. 1 J. Nancy A. Berryhill became the Acting Commissioner of Social Security on January 23, 2017. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Berryhill should be substituted for the former Acting Commissioner, Carolyn Colvin, as the defendant in this action. Plaintiff need not take any further action to continue this suit. 42 U.S.C. § 405(g) (last sentence).

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