PEREZ v. COLVIN

Filing 18

ORDER THAT THE REPORT & RECOMMENDATION IS APPROVED & ADOPTED; THE RELIEF SOUGHT BY PLFF IS GRANTED IN PART AS DESCRIBED BELOW; THE CASE IS REMANDED TO THE COMMISSIONER PURSUANT TO THE FOURTH SENTENCE OF 42 U.S.C. SEC. 405(g) & IN ACCORDANCE WITH THE REPORT && RECOMMENDATION; & IN ALL OTHER RESPECTS, PLFF'S REQUEST FOR RELIEF IS DENIED. SIGNED BY HONORABLE J. CURTIS JOYNER ON 10/2/17. 10/3/17 ENTERED AND COPIES E-MAILED.(kw, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CIVIL ACTION JENNY PEREZ, Plaintiff, NO. 16-5315 v. NANCY A. BERRYHILL,' ACTING COMMISSIONER OF SOCIAL SECURITY, : Defendant. ORDER ANDNOW,this~~of ~ , 2017, upon consideration of Plaintiffs Brief and Statement of Issues in Support of Request for Review (Dkt. No. 11 ); Defendant's Response to Request for Review of Plaintiff (Dkt. No. 12); Plaintiffs Reply Brief (Dkt. No. 13); and after review of the Report and Recommendation of United States Magistrate Judge Henry S. Perkin dated August 31, 2017, IT IS ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. The relief sought by Plaintiff is GRANTED in part as described below; 3. The case is REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. ยง 405(g), and in accordance with the Report and Recommendation; and 4. In all other respects, Plaintiffs request for relief is DENIED. BY THE COURT: On January 23, 2017, Nancy A. Berryhill became the Acting Commissioner of the Social Security Administration. She is automatically substituted as the Defendant in this action. See Fed. R. Civ. P. 25(d).

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