DURST v. COLVIN
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, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NANCY A. BERRYHILL 1
Acting Commissioner of Social Security
APR 16 2018
AND NOW, this
day of A l',,c. 1
KATE BARKM;;,N, Cle!~
, 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:
The Report and Recommendation is APPROVED and ADOPTED;
The final decision of the Commissioner denying disability benefits to Plaintiff is
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.
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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