BONILLA v. COLVIN
ORDER THAT JUDGE STRAWBRIDGE'S REPORT AND RECOMMENDATION 17 IS APPROVED AND ADOPTED; PLAINTIFF'S REQUEST FOR REVIEW 9 IS GRANTED IN PART; THIS CASE IS REMANDED TO THE COMMISSIONER PURSUANT TO THE FOURTH SENTENCE OF 42 U.S.C. 405(g) FOR FURTHER PROCEEDINGS CONSISTENT WITH JUDGE STRAWBRIDGE'S REPORT AND RECOMMENDATION; THE DECISION OF THE COMMISSIONER IS REVERSED FOR THE PURPOSES OF REMAND ONLY; AND THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE STEWART DALZELL ON 10/17/14. 10/17/14 ENTERED AND COPIES E-MAILED.(ti, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
HECTOR RAUL BONILLA
CAROLYN W. COLVIN,
Commissioner of the
Social Security Administration
AND NOW, this 17th day of October, 2014, upon consideration of plaintiff
Hector Raul Bonilla’s brief and statement of issues in support of request for review (docket entry
#9), defendant Carolyn W. Colvin’s response thereto (docket entry #12), plaintiff’s reply thereto
(docket entry #14), and the Honorable David R. Strawbridge’s thorough and well-reasoned
Report and Recommendation (docket entry #17), to which neither party has filed an objection
within the time period specified by Loc. R. Civ. P. 72.1 IV (b), and the Court agreeing with
Judge Strawbridge that the matter should be remanded for a comprehensive analysis of the
record allowing the Administrative Law Judge to adequately consider the record as to Dr.
Noller’s treating physician opinion and the credibility of Bonilla’s testimony while providing a
determination of residual functional capacity independent of the residual functional capacity
determination applied to Bonilla’s prior adjudicated period of Social Security Disability Benefits,
it is hereby ORDERED that:
Judge Strawbridge’s Report and Recommendation (docket entry #17) is
APPROVED and ADOPTED;
Plaintiff’s request for review (docket entry #9) is GRANTED IN PART;
This case is REMANDED to the Commissioner pursuant to the fourth
sentence of 42 U.S.C. § 405(g) for further proceedings consistent with Judge Strawbridge’s
Report and Recommendation;
The decision of the Commissioner is REVERSED for the purposes of
remand only; and
The Clerk of Court shall CLOSE this case statistically.
BY THE COURT:
/s/ Stewart Dalzell, J.
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