FOOSE v. COLVIN

Filing 14

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

IA

TAMARA A. FOOSE,
Plaintiff,

CIVIL A TION
NO. 14- 5776

v.
NANCY A. BERRYHILL, ACTING
1
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
ORDER

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

follows:
1.

The Report and Recommendation of Magistrate Judge

erkin (Doc. No. 28) is

APPROVED and ADOPTED;

2.

1

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.

2

Judgment is being entered in favor of Plaintiff reversing the decision of the Commissioner of
Social Security for the purposes of this remand only.

3.

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

ecommendation (Doc.

No. 12); 3 and
4.
5.

3

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
rehearing.
2