GODSCHALL v. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION
Filing
29
MEMORANDUM AND ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE COMMISSIONER'S OBJECTION TO THE REPORT AND RECOMMENDATION IS OVERRULED. GODSCHALL'S REQUEST FOR REVIEW IS GRANTED IN PART AND DENIED IN PART. THE DECISION OF THE COMMISSIONER IS AFFIRMED IN PART AND DENIED IN PART. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED; ETC.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 12/20/19. 12/20/19 ENTERED AND E-MAILED.(jl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
WILLIAM GODSCHALL,
Plaintiff,
CIVIL ACTION
NO. 18-1647
v.
ANDREW M. SAUL, Commissioner of the
Social Security Administration, 1
Defendant.
ORDER
AND NOW, this 20th day of December, 2019, upon consideration of the brief and
statement of issues in support of request for review by Plaintiff William Godschall (ECF
No. 8), the Commissioner’s response (ECF No. 9), Godschall’s reply (ECF No. 11), the
Report and Recommendation of Magistrate Judge Timothy R. Rice (ECF No. 24), the
Commissioner’s objection to the Report and Recommendation (ECF No. 25), Godschall’s
response to plaintiff’s objections (ECF No. 27) and the administrative record (ECF No.
4) and for the reasons set forth in the accompanying memorandum it is ORDERED
that:
1.
The Report and Recommendation (ECF No. 24) is APPROVED and
ADOPTED;
2.
The Commissioner’s objection to the Report and Recommendation (ECF
No. 25) is OVERRULED;
Andrew M. Saul became the Commissioner of the Social Security Administration on June 4,
2019. He is substituted as the Defendant in this action pursuant to Rule 25(d) of the Federal Rules
of Civil Procedure.
1
3.
Godschall’s Request for Review (ECF No. 8) is GRANTED in part and
DENIED in part;
4.
The decision of the Commissioner is AFFIRMED IN PART and
JUDGMENT is entered in favor of the Commissioner and against Godschall with
respect to the determination that Godschall was not disabled prior to the date of his
55th birthday;
5.
The decision of the Commissioner is REVERSED IN PART and the case
is REMANDED to the Commissioner to award disability insurance benefits to
Godschall as of the date of his 55th birthday.
6.
The Clerk of Court shall mark this case CLOSED.
BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.
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