ROCKEL v. ASTRUE

Filing 19

MEMORANDUM AND/OR OPINION ORDER THAT PLAINTIFF'S OBJECTIONS TO THE REPORT AND RECOMMENDATION ARE SUSTAINED; PLAINTIFF'S REQUEST FOR REVIEW OF THE PARTIALLY FAVORABLE DECISION OF THE COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION IS GRAN TED INSOFAR AS IT REQUESTS THAT THE DECISION BE REVERSED; JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF; REVERSING THE DECISION OF THE COMMISSIONER OF SOCIAL SECURITY FOR THE PURPOSES OF THIS REMAND ONLY; THIS MATTER IS REMANDED TO THE COMMISSIONER, PURS UANT TO SENTENCE FOUR OF 42 U.S.C. SECTION 405(g), FOR FURTHER PROCEEDINGS CONSISTENT WITH THE MEMORANDUM OPINION ACCOMPANYING THIS ORDER; AND THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE JOHN R. PADOVA ON 2/10/2014. 2/10/2014 ENTERED AND COPIES E-MAILED. (ems)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
EDWARD RICHARD ROCKEL, II
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security

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CIVIL ACTION

NO. 12-5842

ORDER
AND NOW, this 10th day of February, 2014, upon consideration of Plaintiff=s Complaint
requesting review of the partially favorable decision of the Commissioner of the Social Security
Administration (Docket No. 3) and all documents filed in connection therewith, the Report and
Recommendation of United States Magistrate Judge Lynne A. Sitarski (Docket No. 15),
Plaintiff=s Objections thereto, and Defendant=s Response to Plaintiff=s Objections, IT IS
HEREBY ORDERED as follows:
1.

Plaintiff=s Objections to the Report and Recommendation are SUSTAINED;

2.

Plaintiff=s Request for Review of the partially favorable decision of the Commissioner
of the Social Security Administration is GRANTED insofar as it requests that the
decision be reversed;

3.

JUDGMENT is ENTERED in favor of Plaintiff, REVERSING the decision of the
Commissioner of Social Security for the purposes of this remand only;

4.

This matter is REMANDED to the Commissioner, pursuant to sentence four of 42
U.S.C. § 405(g), for further proceedings consistent with the Memorandum Opinion
accompanying this Order; and

5.

The Clerk of Court shall CLOSE this case statistically.
BY THE COURT:
/s/ John R. Padova
____________________________
John R. Padova, J.

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