FOOSE v. COLVIN
ORDER THAT THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE PERKIN IS APPROVED AND ADOPTED. THE RELIEF SOUGHT BY PLAINTIFF IS GRANTED IN PART. THE CASE IS REMANDED TO THE COMMISSIONER. IN ALL OTHER RESPECTS PLAINTIFF'S REQUEST FOR RELIEF IS DENIED. THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 3/22/17. 3/23/17 ENTERED AND COPIES E-MAILED.(mbh, )
IN THE UNITED STATES DISTRICT COUR
FOR THE EASTERN DISTRICT OF PENNSYLV
TAMARA A. FOOSE,
CIVIL A TION
NO. 14- 5776
NANCY A. BERRYHILL, ACTING
COMMISSIONER OF SOCIAL SECURITY,
AND NOW, this 22nd day of March 2017, upon consideratio of Plaintiff's Brief and
Statement in Support of Request for Review (Doc. No. 9), Defendant's
esponse to Request for
Review of Plaintiff (Doc. No. 10), and the Report and Recommendati
filed by United States
Magistrate Judge Henry S. Perkin dated March 3, 2017 (Doc. No.
), it is ORDERED as
The Report and Recommendation of Magistrate Judge
erkin (Doc. No. 28) is
APPROVED and ADOPTED;
The relief sought by Plaintiff is GRANTED IN PART; 2
Nancy A. Berryhill is the acting Commissioner of the Social ecurity Administration.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, s e replaces Carolyn W.
Colvin as Defendant and no further action is needed pursuant to e final sentence of 42
U.S.C. § 405(g):
Any action instituted in accordance with this subsectio shall survive
notwithstanding any change in the person occupying the office f Commissioner
of Social Security or any vacancy in such office.
Judgment is being entered in favor of Plaintiff reversing the decision of the Commissioner of
Social Security for the purposes of this remand only.
The case is REMANDED to the Commissioner pursua
to the fourth sentence
of 42 U.S.C. § 405(g) in accordance with the Report and
No. 12); 3 and
In all other respects, Plaintiffs request for relief is DENI
The Clerk of Court shall close this case for statistical purp
The fourth sentence of 42 U.S.C. §405(g) states:
The court shall have power to enter, upon the pleadings and ranscript of the
record, a judgment affirming, modifying, or reversing the ecision of the
Commissioner of Social Security, with or without remanding he cause for a
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