LEIBENSPERGER v. COLVIN

Filing 21

MEMORANDUM AND ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED IN THAT ONE RESPECT. THE CASE IS REMANDED TO THE ALJ FOR FURTHER CONSIDERATION AS TO WHETHER THERE WAS ADEQUATE EVIDENCE T O SUPPORT THE ALJ'S FINDING THAT PLAINTIFF'S TESTIMONY LACKED CREDIBILITY. THE CLERK OF COURT SHALL REPLACE THE CURRENT DEFENDANT ON THE DOCKET, CAROLYN W. COLVIN WITH HER SUCCESSOR, NANCY A. BERRYHILL; ETC.. SIGNED BY HONORABLE GERALD A. MCHUGH ON 7/25/17. 7/26/17 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DOUGLAS A. LEIBENSPERGER,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,
Defendant.

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CIVIL ACTION
No. 15-137

ORDER
This 25th day of July, 2017, upon consideration of Plaintiff Douglas A. Leibensperger’s
Request for Review; the thorough Report and Recommendation of U.S. Magistrate Judge David
R. Strawbridge; and Plaintiff’s Objections thereto, for the reasons given in the accompanying
Memorandum it is hereby ORDERED that:
(1) The Report and Recommendation (Dkt. 17) is ADOPTED in all respects but one;
(2) Plaintiff’s Request for Review (Dkt. 11) is GRANTED in that one respect;
(3) This case is REMANDED to the ALJ for further consideration as to whether there
was adequate evidence to support the ALJ’s finding that Plaintiff’s testimony lacked
credibility; and
(4) In accordance with Federal Rule of Civil Procedure 25(d), the Clerk of Court SHALL
REPLACE the current Defendant on the docket, Carolyn W. Colvin, with her
successor, Nancy A. Berryhill.

/s/ Gerald Austin McHugh
United States District Judge