RUTH v. ASTRUE

Filing 19

ORDER THAT PLAINTIFF'S OBJECTIONS ARE SUSTAINED IN PART AND DENIED IN PART; THE CONCLUSIONS IN THE REPORT AND RECOMMENDATION ARE APPROVED AND ADOPTED IN PART AND DENIED IN PART; PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED TO THE EXTENT THAT T HE MATTER IS REMANDED TO THE COMMISSIONER UNDER SENTENCE FOUR OF 42 U.S.C. 405(g), AND JUDGMENT IS ENTERED REVERSING THE DECISION OF THE COMMISSIONER; AND THE CLERK OF SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 5/31/11. 5/31/11 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOEL RAYMOND RUTH,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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CIVIL ACTION NO. 09-2074

ORDER
AND NOW, this 31st day of May, 2011, upon careful consideration of plaintiff Joel
Raymond Ruth’s request for review and the Commissioner’s response thereto, and after careful
and independent review of the magistrate judge’s report and recommendation, plaintiff’s
objections thereto, and the Commissioner’s response, IT IS HEREBY ORDERED that
1. plaintiff’s objections are SUSTAINED IN PART and DENIED IN PART;
2. the conclusions in the report and recommendation of the United States Magistrate
Judge are APPROVED AND ADOPTED IN PART and DENIED IN PART;
3. plaintiff’s request for review is GRANTED to the extent that the matter is
REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further
proceedings consistent with the accompanying memorandum, and JUDGMENT IS ENTERED
REVERSING the decision of the Commissioner for the purposes of this remand only; and

4. the clerk shall CLOSE this case for statistical purposes.

/s/William H. Yohn Jr., Judge
William H. Yohn Jr., Judge