RODRIGUEZ v. ASTRUE

Filing 16

ORDER THAT REPORT & RECOMMENDATION OF U.S. MAGISTRATE JUDGE DAVID R. STRAWBRIDGE DATED 10/29/2013 IS REJECTED; PLFF'S OBJECTION TO THE REPORT & RECOMMENDATION OF THE MAGISTRATE JUDGE IS SUSTAINED; & PLFF'S ALTERNATIVE MOTION FOR REMAND IS GRANTED & THE CASE IS REMANDED TO THE COMMISSIONER OF SOCIAL SECURITY, ETC. PLFF'S MOTION FOR SUMMARY JUDGMENT IS DENIED. SIGNED BY HONORABLE JAN E. DUBOIS ON 1/27/14. 1/29/14 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
BRUNILDA RODRIGUEZ,

CIVIL ACTION
Plaintiff,

v.
MICHAEL J. ASTRUE, Commissioner of
Social Security Administration,
Defendant.

NO. 12-5745

ORDER
AND NOW, this 27th day of January, 2014, upon consideration of Plaintiff’s Motion for
Summary Judgment or, in the Alternative, Plaintiff’s Motion for Remand (Document No. 8, filed
January 26, 2013), Defendant’s Response to Request for Review of Plaintiff (Document No. 9,
filed February 28, 2013), and Plaintiff’s Reply Brief (Document No. 10, filed March 9, 2013), after
review of the Report and Recommendation of United States Magistrate Judge David R.
Strawbridge dated October 29, 2013 (Document No. 13) and Plaintiff’s Objection to the Report
and Recommendation of the Magistrate Judge (Document No. 14, filed November 2, 2013), for the
reasons stated in the Memorandum dated January 27, 2014, IT IS ORDERED as follows:
1.

The Report and Recommendation of United States Magistrate Judge David R.

Strawbridge dated October 29, 2013 is REJECTED;
2.

Plaintiff’s Objection to the Report and Recommendation of the Magistrate Judge is

SUSTAINED; and
3.

Plaintiff’s Alternative Motion for Remand is GRANTED and the case is

REMANDED to the Commissioner of Social Security pursuant to the fourth sentence of 42
U.S.C. § 405(g) to conduct a borderline age analysis in accordance with the attached
Memorandum.

4.

Plaintiff’s Motion for Summary Judgment is DENIED.

BY THE COURT:

/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.

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