LAFFERTY v. COLVIN

Filing 22

MEMORANDUM AND ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AS MODIFIED BY THE ACCOMPANYING MEMORANDUM AND ADOPTED; DEFENDANT'S OBJECTION IS OVERRULED; PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED IN PART AND THE MATTER IS REMANDED TO THE COMMISSIONER PURSUANT TO THE FOURTH SENTENCE OF 42 USC:405(G) FOR FURTHER REVIEW IN ACCORDANCE WITH THE ACCOMPANYING MEMORANDUM OF LAW; AND IN ALL OTHER RESPECTS, PLAINTIFF'S REQUEST FOR RELIEF IS DENIED. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 1/12/16. 1/12/16 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STERLING J. LAFFERTY
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security

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CIVIL ACTION
No. 14-5690

ORDER
AND NOW, this 12th day of January, 2016, upon consideration of plaintiff Sterling J.
Lafferty’s brief and statement of issues in support of request for review (Dkt. No. 9), defendant’s
response (Dkt. No. 14), plaintiff’s reply (Dkt. No. 16), the Report and Recommendation of
Magistrate Judge Henry S. Perkin (Dkt. No. 17), defendant’s objection to the Report and
Recommendation (Dkt. No. 18), plaintiff’s response to defendant’s objection (Dkt. No. 20) and
the administrative record (Dkt. No. 5) and for the reasons set forth in the accompanying
memorandum it is ORDERED that:
1.

The Report and Recommendation is APPROVED as modified by the
accompanying memorandum and ADOPTED;

2.

Defendant’s objection is OVERRULED;

3.

Plaintiff's request for review is GRANTED IN PART and the matter is
REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C.
§ 405(g) for further review in accordance with the accompanying memorandum
of law; and

4.

In all other respects, Plaintiff’s request for relief is DENIED.

s/Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.