ARBITMAN v. BERRYHILL

Filing 16

ORDER THAT PLAINTIFF'S OBJECTIONS (DOC. 11) ARE SUSTAINED. THE REPORT AND RECOMMENDATION [DOC. 10] IS NOT APPROVED AND ADOPTED. THE PLAINTIFFS REQUEST FOR REVIEW [DOC. 6] IS GRANTED. JUDGMENT IS ENTERED IN FAVOR OF THE PLAINTIFF AN D AGAINST THE DEFENDANT, THE COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION. THE COMMISSIONERS DECISION IS VACATED AND THIS MATTER IS REMANDED TO THE COMMISSIONER WITH INSTRUCTIONS TO CONDUCT A NEW ADMINISTRATIVE HEARING, DEVELOP THE RECORD FULLY, AND EVALUATE THE EVIDENCE APPROPRIATELY IN ACCORDANCE WITH THE COURT'S MEMORANDUM. THE CLERK IS DIRECTED TO MARK THIS CASE CLOSED SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 3/29/19. 3/29/19 ENTERED AND COPIES E-MAILED.(er, )

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

ROBIN KRISTINE RATHGE ARBITMAN
v.
NANCY A. BERRYHILL

: CIVIL ACTION
:
: NO. 18-cv-51
:
:

ORDER
AND NOW, this 29th day of March, 2019, upon careful consideration of the
Report and Recommendation of United States Magistrate Judge Lynne A. Sitarski, and
Plaintiff’s Objections thereto, it is hereby ORDERED that:
1. Plaintiff’s Objections [Doc. 11] are SUSTAINED.
2. The Report and Recommendation [Doc. 10] is not approved and adopted.
3. The Plaintiff’s Request for Review [Doc. 6] is GRANTED.
4. Judgment is ENTERED in favor of the Plaintiff and against the Defendant, the
Commissioner of Social Security Administration.
5. The Commissioner’s decision is VACATED and this matter is REMANDED to the
Commissioner with instructions to conduct a new administrative hearing, develop the
record fully, and evaluate the evidence appropriately in accordance with the Court’s
Memorandum.
6. The Clerk is DIRECTED to mark this case closed.

BY THE COURT:

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