HOFFERT v. ASTRUE

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS. MR. HOFFERT'S REQUEST FOR REVIEW IS GRANTED AND THE DECISION OF THE COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION IS REVERSED TO THE EXTENT THE MATTER IS REMANDED TO THE COMMISSIONER UNDER SENTENCE 4 O F 42 USC 405(g) FOR FURTHER PROCEEDINGS. JUDGMENT IS ENTERED IN FAVOR OR MR. HOFFERT AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR ALL PURPOSES. SIGNED BY HONORABLE GENE E.K. PRATTER ON 12/13/2013. 12/13/2013 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
BRETT ALLEN HOFFERT,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner, Social Security
Administration,
Defendant.

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CIVIL ACTION

No. 13-0183

ORDER
AND NOW, this 13th day of December, 2013, upon consideration of Mr. Hoffert’s Brief
and Statement of Issues in Support of Request for Review, Defendant’s Response to Mr.
Hoffert’s Request for Review, and Mr. Hoffert’s Reply, and after review of United States
Magistrate Judge Thomas J. Rueter’s Report and Recommendation, to which no objections have
been filed, 1 it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED AND ADOPTED;
2. Mr. Hoffert’s Request for Review is GRANTED, and the decision of the
Commissioner of the Social Security Administration is REVERSED 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 Judge Rueter’s Report and
Recommendation;
3. JUDGMENT IS ENTERED in favor of Mr. Hoffert, thereby reversing the decision of
the Commissioner for the purpose of this remand only; and
4. the Clerk of Court shall mark this case CLOSED for all purposes, including statistics.
BY THE COURT:
S/Gene E.K. Pratter
GENE E.K. PRATTER
United States District Judge
1

The Local Rules provide that “[a]ny party may object to a magistrate judge’s order
determining a motion or matter . . . within fourteen (14) days after issuance of the magistrate
judge’s order . . . .” E.D. Pa. Local R. Civ. P. 72.1(IV)(a). Judge Rueter issued his Report and
Recommendation on November 25, 2013 (Docket No. 16); objections were therefore due
December 9, 2013.