MILLER v. BERRYHILL

Filing 13

ORDER THAT THE REPORT & RECOMMENDATION IS APPROVED & ADOPTED. THE FINAL DECISION OF THE COMMISSIONER DENYING DISABILITY BENEFITS TO PLFF IS VACATED. PLFF'S MOTION FOR SUMMARY JUDGMENT (DOC. 5 AT 21) IS GRANTED; & THE MATTER IS REMANDED TO THE CO MMISIONER PURSUANT TO SENTENCE FOUR OF 42 U.S.C. SEC. 405(g) FOR FURTHER PROCEEDINGS CONSISTENT WITH THE MAGISTRATE JUDGE'S REPORT & RECOMMENDATION. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THE ABOVE-CAPTIONED MATTER AS CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE PETRESE B. TUCKER ON 8/29/18. 8/30/18 ENTERED AND COPIES E-MAILED.(kw, )

..
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JENNIFER LYNN MILLER,
CIVIL ACTION

Plaintiff,

NO. 17-1575

v.

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

ORDER
AND NOW, this __:J..q~ day of August, 2018, upon careful consideration of
Plaintiffs Brief and Statement oflssues in Support of Request for Review~Doc. 5), Plaintiffs
Motion for Summary Judgment (Doc. 5 at 21), Defendant's Response to Request for Review of
Plaintiff(Doc. 6), Plaintiffs Brief in Reply to Defendant's Brief in Response to Plaintiffs
Request for Review (Doc. 7), and the Report and Recommendation of United States Magistrate
Judge David R. Strawbridge (Doc. 11 ), IT IS HEREBY ORDERED AND DECREED that:

1.

The Report and Recommendation is APPROVED and ADOPTED;

2.

The final decision ofthe Commissioner denying disability benefits to Plaintiff is

VACATED;
3.

Plaintiffs Motion for Summary Judgment (Doc. 5 at 21) is GRANTED; and

4.

The matter is REMANDED to the Commissioner pursuant to Sentence Four of
42 C.S.C. § 405(g) for further proceedings consistent with the :vfagistrate Judge's
Report and Recommendation.

•
IT IS FURTHER ORDERED that the Clerk of Court shall mark the above-captioned
matter as CLOSED for statistical purposes.

BY THE COURT:

lion. Petrese B. Tucker, U.S.D.J.

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