YOUNG v. COLVIN
Filing
19
ORDER THAT THE REPORT AND RECOMMENDATION 17 IS APPROVED AND ADOPTED. PLAINTIFF'S REQUEST FOR REVIEW 9 IS GRANTED. THIS MATTER IS REMANDED TO THE COMMISSIONER FOR FURTHER PROCEEDINGS CONSISTENT WITH THE REPORT AND RECOMMENDATION. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE GERALD J. PAPPERT ON 8/14/18. 8/14/18 ENTERED & E-MAILED.(fdc)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CHRISTINE YOUNG,
Plaintiff,
CIVIL ACTION
NO. 16-6350
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,1
Defendant.
ORDER
AND NOW, this 14th day of August, 2018, upon consideration of the
Administrative Record (ECF No. 8), the Complaint (ECF No. 3), the Answer (ECF No.
7), Plaintiff’s Brief and Statement of Issues in Support of her Request for Review (ECF
No. 9), Defendant’s Response thereto (ECF No. 14), Plaintiff’s Reply Brief (ECF No. 16),
and after considering the Report and Recommendation filed by United States
Magistrate Judge Lynne A. Sitarski (ECF No. 17), it is hereby ORDERED that:
1. The Report and Recommendation (ECF No. 17) is APPROVED and
ADOPTED;2
2. Plaintiff’s Request for Review (ECF No. 9) is GRANTED;
3. This matter is REMANDED to the Commissioner for further proceedings
consistent with the Report and Recommendation;
Nancy A. Berryhill became the Acting Commissioner for Social Security on January 23, 2017.
Pursuant to Federal Rule of Civil Procedure 25(d), Berryhill should be substituted for the former
Acting Commissioner, Carolyn W. 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 Sitarski’s Recommendation.
2
4. The Clerk of Court shall mark this case CLOSED for statistical purposes.
BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.
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