FERGUSON v. BERRYHILL

Filing 17

ORDER THAT THE 15 REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE FINAL DECISION OF THE COMMISSIONER DENYING DISABILITY BENEFITS TO PLAINTIFF IS VACATED; PLAINTIFFS MOTION FOR SUMMARY JUDGMENT (DOC. 9 ) IS GRANTED IN PART; AND THE MATTER IS REMANDED TO THE COMMISSIONER PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(G) FOR FURTHER PROCEEDINGS CONSISTENT WITH THE MAGISTRATE JUDGES REPORT. THE CLERK OF THE COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 7/17/19. 7/18/19 ENTERED AND COPIES E-MAILED.(mas, )

Case 2:18-cv-01493-JLS Document 15-1 Filed 06/27/19 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROBERT ALLEN FERGUSON, III,
Plaintiff,
v.
ANDREW M. SAUL, 1
Commissioner of Social Security,
Defendant.

AND NOW, this

17th day of

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ORDER
July

CIVIL ACTION
NO. 18-1493

, 2019, upon careful and independent

consideration of the administrative record, the Brief and Statement of Issues in Support of Request
for Review filed by Plaintiff, Defendant’s response, and Plaintiff’s reply (Docs. 9, 10 & 13), and
after review of the Report and Recommendation of United States Magistrate Judge David R.
Strawbridge, it is hereby ORDERED that:
1.

The Report and Recommendation is APPROVED and ADOPTED;

2.

The final decision of the Commissioner denying disability benefits to Plaintiff is

VACATED;
3.

Plaintiff’s Motion for Summary Judgment (Doc. 9) is GRANTED IN PART; and

4.

The matter is REMANDED to the Commissioner pursuant to Sentence Four of

42 U.S.C. § 405(g) for further proceedings consistent with the Magistrate Judge’s Report.
The Clerk of the Court shall mark this case CLOSED for statistical purposes.
BY THE COURT:
/s/ Jeffrey L. Schmehl
_________________________________
JEFFREY L. SCHMEHL,
J.

1

Andrew M. Saul was sworn in as the Commissioner of Social Security on June 17, 2019.
Pursuant to Rule 25(d)(1) of the Federal Rules of Civil Procedure, therefore, he should be
substituted for Nancy A. Berryhill as Defendant in this suit. No further action need be taken to
continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42
U.S.C. § 405(g).