MCHALE v. BURWELL et al

Filing 16

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED. THE MATTER IS REMANDED TO THE COMMISSIONER FOR FURTHER REVIEW CONSISTENT WITH THE REPORT AND RECOMMENDATION. SIGNED BY HONORABLE GERALD J. PAPPERT ON 7/31/2017. 7/31/2017 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CHRISTOPHER MCHALE,
Plaintiff,
CIVIL ACTION
No. 16-3783

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

AND NOW, this 31st day of July, 2017, upon consideration of the Report and
Recommendation filed by United States Magistrate Judge Timothy R. Rice, (ECF No.
14), to which no party has objected, it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;2
2. The Plaintiff’s request for review is GRANTED; and
3. The matter is REMANDED to the Commissioner for further review
consistent with the Report and Recommendation.
BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.
Nancy A. Berryhill became the Acting Commissioner for Social Security on January 23, 2017.
Pursuant to Federal Rule of Civil Procedure 25(d), Ms. Berryhill should be substituted for the former
Acting Commissioner, Carolyn Colvin, as the defendant in this action.
1

When no objection is made to a Report and Recommendation, the Court should, as a matter
of good practice, “satisfy itself that there is no clear error on the face of the record in order to accept
the recommendation.” FED. R. CIV. P. 72(b) advisory committee notes; see also Oldrati v. Apfel, 33 F.
Supp. 2d 397, 399 (E.D. Pa. 1998). No clear error appears on the face of the record and the Court
accordingly accepts Judge Rice’s recommendation.
2