KANE v. COLVIN

Filing 21

ORDER THAT THE REPORT AND RECOMMENDATION IS ADOPTED IN PART AND PLAINTIFF'S OBJECTION IS OVERRULED. THE FINAL DECISION OF THE COMMISSIONER DENYING DISABILITY BENEFITS TO PLAINTIFF IS VACATED; AND THE MATTER IS REMANDED TO THE COMMISSIONER FOR FURTHER PROCEEDINGS CONSTISTENT WITH THE ACCOMPANYING MEMORANDUM. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 7/17/2017. 7/17/2017 ENTERED AND COPIES E-MAILED.(ahf)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PATRICK J. KANE, JR.

:
:
:
:
:
:

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

CIVIL ACTION
NO. 16-5074

ORDER
AND NOW, this 17th day of July 2017, upon consideration of the motion for summary
judgment by plaintiff Patrick J. Kane, Dkt. No. 10, the Commissioner of Social Security’s
response, Dkt. Nos. 11–12 the report and recommendation of Chief United States Magistrate
Judge Linda K. Caracappa, Dkt. No. 14, plaintiff’s objections, Dkt. No. 17, and defendant’s
response, Dkt. No. 19, it is ORDERED as follows:
1.

The Report and Recommendation is ADOPTED IN PART and Plaintiff’s objection is
OVERRULED with respect to the conclusion that the ALJ’s rejection of Dr. Harris A.
Ross’s opinion was supported by substantial evidence.

2.

Plaintiff’s objection to the ALJ’s rejection of Dr. Harry Orenstein’s mental status
examination is SUSTAINED and the Court therefore DECLINES TO ADOPT the Report
and Recommendation with respect to that conclusion;

2.

The final decision of the Commissioner denying disability benefits to plaintiff is
VACATED; and

3.

The matter is REMANDED to the Commissioner for further proceedings consistent with
the accompanying Memorandum

/s/ Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.