MARTIN v. COLVIN

Filing 18

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE RELIEF SOUGHT BY PLAINTIFF IS GRANTED IN PART. THIS CASE IS REMANDED TO THE COMMISSIONER. IN ALL OTHER RESPECTS, PLAINTIFF'S REQUEST FOR RELIEF IS DENIED. THE CLERK OF COURT SHALL ENTER JUDGMENT BY SEPARATE DOCUMENT IN FAVOR OF PLAINTIFF AND AGAINST COMMISSIONER. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/8/18. 1/10/18 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DENAYA MARTIN o/b/o N.A.D.M.,
Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

:
:
:
:
:
:
:
:

Civ. No. 16-4286

ORDER
AND NOW, this 8th day of January, 2018, upon consideration of the Report and
Recommendation of United States Magistrate Judge Henry S. Perkin dated December 6, 2017
(Doc. No. 16), to which no objections have been made, it is hereby ORDERED as follows:
1. The Report and Recommendation (Doc. No. 16) is APPROVED and ADOPTED;
2. The relief sought by Plaintiff is GRANTED in part as described below;
3. This case is REMANDED to the Commissioner pursuant to the fourth sentence of 42
U.S.C. § 405(g), and in accordance with the Report and Recommendation;
4. In all other respects, Plaintiff’s request for relief is DENIED;
5. The CLERK OF COURT shall ENTER JUDGMENT by separate document in
favor of Plaintiff and against the Commissioner for the purposes of this remand. See
Shalala v. Schaefer, 509 U.S. 292, 303 (1993); Kadelski v. Sullivan, 30 F.3d 399, 402
(3d Cir. 1994); Fed. R. Civ. P. 58(a); and
6. The CLERK OF COURT shall CLOSE this case.
AND IT IS SO ORDERED.
/s/ Paul S. Diamond
_________________________
Paul S. Diamond, J.