COSTELLO v. COLVIN

Filing 20

ORDER THAT THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE MARILYN HEFFLEY IS APPROVED AND ADOPTED. PLAINTIFFS REQUEST FOR REVIEW IS GRANTED TO THE EXTENT PLAINTIFF SEEKS A REMAND TO THE ACTING COMMISSIONER OF SOCIAL SECURITY AND DENIED IN ALL OTHER RESPECTS. THE CASE IS REMANDED TO THE COMMISSIONER OF THE SSA AS OUTLINED HEREIN. SIGNED BY HONORABLE JAN E. DUBOIS ON 7/13/2017. 7/14/2017 ENTERED AND COPIES E-MAILED.(sg, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CIVIL ACTION WILLIAM VINCENT COSTELLO, JR., Plaintiff, v. NO. 16-5249 NANCY A. BERRYHILL,1 Acting Commissioner of Social Security Administration, Defendant. ORDER AND NOW, this 13th day of July, 2017, upon consideration of Plaintiffs Request for Review (Document No. 12, filed March 13, 2017), the record in this case, the Report and Recommendation of United States Magistrate Judge Marilyn Heffley, dated June 27, 2017, no objections having been filed, IT IS ORDERED as follows: 1. The Report and Recommendation of United States Magistrate Judge Marilyn Heffley, dated June 27, 2017, is APPROVED and ADOPTED; 2. Plaintiff's Request for Review is GRANTED to the extent plaintiff seeks a remand to the Acting Commissioner of Social Security and DENIED in all other respects; 3. The case is REMANDED to the Commissioner of the Social Security Administration in accordance with the fourth sentence of 42 U.S.C. ยง 405(g) for further proceedings consistent with the Report and Recommendation of United States Magistrate Judge Marilyn Heffley, dated June 27, 2017. BY THE COURT: 1 Nancy A. Berryhill became the Acting Commissioner of Social Security On January 21, 2017. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill is substituted for Carolyn W. Colvin as the defendant in this suit.

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