MCDOWELL v. COMMISSIONER OF SOCIAL SECURITY

Filing 18

ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED, AND THE DECISION OF THE COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION IS VACATED ETC. AND THE CLERK OF COURT IS DIRECTED OT MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY CHIEF JUDGE LAWRENCE F. STENGEL ON 2/1/18. 2/1/18 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CALVIN E. McDOWELL,
Plaintiff,

CIVIL ACTION

vs.

NO. 17-1609

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

><\
AND NOW, this

l

ORDER
day of February, 2018, upon independent consideration of

the plaintiffs request for review, the defendant's response, and the plaintiffs reply (Doc.
Nos. 9, 12, and 13), and after review of the thorough and well-reasoned Report &
Recommendation of U.S. Magistrate Judge Thomas J. Rueter, IT IS ORDERED that:
1.

The Report & Recommendation is APPROVED and ADOPTED.

2.

The plaintiffs request for review is GRANTED, and the decision of the

Commissioner of the Social Security Administration is VACATED.
3.

The matter is REMANDED to the Commissioner under sentence foµr of 42

U.S.C. § 405(g) for further proceedings consistent with the Report & Recommenqation.
4.

The Clerk of Court is directed to mark this case CLOSED for statistical

purposes.
~~THE COURT:

~UN
LAWRE_N_C_E_F_.-ST_E_N_G_E_L_,_C_.J_.