SMITH v. BERRYHILL

Filing 16

ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED AND THE MATTER IS REMANDED TO THE COMMISSIONER UNDER SENTENCE FOUR OF 42 U.S.C. SECTION 405(G) FOR FURTHER PROCEEDINGS CONSISTENT WITH MAGISTRATE JUDGE CARACAPPA'S REPORT AND RECOMMENDATION AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR ALL PURPOSES, INCLUDING STATISTICS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 3/14/19. 3/14/19 ENTERED AND COPIES E-MAILED TO COUNSEL.(jaa, )

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

SHARON SMITH o/b/o TM,
Plaintiff,

CIVIL ACTION

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

No. 18-113

ORDER
AND NOW, this 14th day of March, 2019, upon consideration of Plaintiff Sharon
Smith's First Motion for Summary Judgment and Request for Review (Doc. No. 11), Defendant
Nancy Berryhill's Response (Doc. No. 13), and the administrative record, and after careful
consideration of Magistrate Judge Linda K. Caracappa's Report and Recommendation (Doc. No.
14), to which no objections were filed, it is ORDERED that:
1. The Report and Recommendation (Doc. No. 14) is APPROVED and ADOPTED; 1

2. Plaintiffs Request for Review (Doc. No. 11) is GRANTED and the matter is
REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g) for
further proceedings consistent with Magistrate Judge Caracappa's Report and
Recommendation (Doc. No. 14); and
3. The Clerk of Court shall mark this case CLOSED for all purposes, including
statistics.

Pursuant to Local Rule of Civil Procedure 72.l(IV)(b) and 28 U.S.C. 636(b)(l), Acting
Commissioner Berryhill had fourteen (14) days to object to the Report and Recommendation. The
Report and Recommendation was issued on January 30, 2019, and Acting Commissioner Berryhill
has not objected to it.