MCGOWAN v. BERRYHILL

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATIONS. RELIEF SOUGHT BY PLAINTIFF IS GRANTED IN PART AS DESCRIBED BELOW. CASE IS REMANDED TO THE COMMISSIONER PURSUANT TO THE FOURTH SENTENCE OF 42 USC 405(g) AS OUTLINED HEREIN. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 8/30/21. 8/30/21 ENTERED AND COPIES E-MAILED.(rf, )

Case 2:18-cv-01704-MSG Document 27 Filed 08/30/21 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
JOSEPH DAVID MCGOWAN,
:
:
CIVIL ACTION
Plaintiff
:
v.
:
NO. 18-1704
:
ANDREW SAUL,
:
COMMISSIONER OF THE
:
1
:
SOCIAL SECURITY ADMINISTRATION ,
:
Defendant.
:
__________________________________________:
ORDER
AND NOW, this 30th day of August, 2021, upon consideration of Plaintiff’s Brief and
Statement of Issues in Support of Request for Review (ECF No. 14); Defendant’s Response to Request
for Review of Plaintiff (ECF No. 19); Plaintiff’s Memorandum Regarding Appointments Clause Issues
(ECF No. 23); and Defendant’s Response to the Court’s November 13, 2020 Order
(ECF No. 24); after review of the Report and Recommendation of United States Magistrate Judge
Henry S. Perkin dated January 28, 2021; and absent the parties’ objection, IT IS ORDERED that:
1. the Report and Recommendation is APPROVED and ADOPTED;
2. the relief sought by Plaintiff is GRANTED in part as described below; and
3. the case is REMANDED to the Commissioner pursuant to the fourth sentence of 42
U.S.C. § 405(g), and in accordance with the Report and Recommendation.
BY THE COURT:
/s/ Mitchell S. Goldberg
MITCHELL S. GOLDBERG, J.

1

Andrew M. Saul became the Commissioner of Social Security in June 2019. Pursuant to Fed. R. Civ. P. 25(d), he
is automatically substituted as a party in place of Nancy A. Berryhill, who was Acting Commissioner from January 23,
2017 through June of 2019.