FAUS v. BERRYHILL

Filing 17

ORDER OF 8/8/2018 THAT UPON CONSIDERING PETITIONER'S BRIEF IN SUPPORT OF REQUEST FOR REVIEW (DOCKET NO. 11), ALL SUPPORTING AND OPPOSING PAPERS, AND THE REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE THOMAS J. RUETER (DOC. NO. 15), AND WITH NO OBJECTIONS FILED, IT IS HEREBY ORDERED AS FOLLOWS: 1. THE REPORT AND RECOMMENDATION (DOCKET NO. 15) IS APPROVED AND ADOPTED. 2. PETITIONER'S REQUEST FOR REVIEW OF THE DECISION OF THE COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION (DOCKET NO. 11) IS GRANTED, AND THE DECISION IS REVERSED TO THE EXTENT THAT THE MATTER IS REMANDED TO THE COMMISSIONER UNDER SENTENCE FOUR OF 42 U.S.C. 405(g) FOR FURTHER PROCEEDINGS; CONSISTENT WITH UNITED STATES MAGISTRATE JUDGE THOMAS J. RUETER'S REP ORT AND RECOMMENDATION. ETC. 3. JUDGMENT IS ENTERED IN FAVOR OF THE PETITIONER, CARMINO FAUS, REVERSING THE DECISION OF THE COMMISSIONER FOR THE PURPOSE OF THIS REMAND ONLY. SIGNED BY JUDGE: JEFFREY L. SCHMEHL. 8/8/2018 ENTERED AND COPIES E-MAILED. (DT)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CARMINO FAUS,
Petitioner,
v.

CIVIL ACTION
NO. 17-4157

NANCY A. BERRYHILL,
Acting Commissioner of Social Security
Administration
Respondent.
ORDER
AND NOW, this 8th day of August, 2018, upon considering Petitioner’s Brief in
Support of Request for Review (Docket No. 11), all supporting and opposing papers, and the
Report of Recommendation of United States Magistrate Judge Thomas J. Rueter (Docket No.
15), and with no objections filed, it is hereby ORDERED as follows:
1. The Report and Recommendation (Docket No. 15) is APPROVED and
ADOPTED.
2. Petitioner’s Request for Review of the decision of the Commissioner of the Social
Security Administration (Docket No. 11) is GRANTED, and the decision is
REVERSED to the extent that the matter is REMANDED to the Commissioner
under sentence four of 42 U.S.C § 405(g) for further proceedings 1 consistent with
United States Magistrate Judge Thomas J. Rueter’s Report and Recommendation.

1

Sentence four states: “The court shall have power to enter, upon the pleadings and transcript of the record, a
judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without
remanding the cause for a rehearing.” 42 U.S.C § 405(g).

3. Judgment is entered in favor of the Petitioner, Carmino Faus, reversing the decision
of the Commissioner for the purpose of this remand only.

BY THE COURT:

/s/ Jeffrey L. Schmehl
Jeffrey L. Schmehl, J.

2