SAWYER v. BERRYHILL

Filing 24

ORDER THAT THE REPORT AND RECOMMENDATION IS ADOPTED IN PART AND REJECTED IN PART AS SET FORTH IN THE ACCOMPANYING MEMORANDUM OPINION AS OUTLINED; THE CASE IS REMANDED TO THE COMMISSIONER PURSUANT TO FOURTH SENTENCE OF 42 U.S.C. SECTION 405(G) AND THE CLERK OF COURT SHALL CLOSE THIS MATTER STATISTICALLY. SIGNED BY HONORABLE WENDY BEETLESTONE ON 4/5/18. 4/6/18 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOHN SAWYER,

CIVIL ACTION
Plaintiff,

v.
NANCY A. BERRYHILL, SOCIAL
SECURITY ,
Defendants.

NO. 17-644

ORDER
AND NOW, this 5th day of April, 2018, upon consideration of Plaintiff’s Motion for
Summary Judgment (ECF Nos. 11 & 12), Defendant’s Response in Opposition (ECF No. 13),
Plaintiff’s Reply thereto (ECF No. 16), Magistrate Judge Hey’s Report and Recommendation
(ECF No. 17), Plaintiff’s Objection’s to Magistrate Judge Hey’s Report and Recommendation
(ECF No. 20), and Defendant’s Response thereto (ECF No. 21), IT IS ORDERED as follows:
1. The Report and Recommendation is ADOPTED IN PART and REJECTED IN PART
as set forth in the accompanying Memorandum Opinion;
2. The relief sought by Plaintiff is GRANTED as described below;
3. The 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, “so that the
Administrative Law Judge can include her finding that Plaintiff has moderate limitation
in maintaining concentration, persistence or pace when determining Plaintiff’s residual
functional capacity at steps four and five of the sequential evaluation process.”
4. The Clerk of Court shall CLOSE this matter statistically.

BY THE COURT:

/s/Wendy Beetlestone, J.
_______________________________
WENDY BEETLESTONE, J.