APONTE-VEGA v. COLVIN

Filing 17

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE DECISION OF THE COMMISSIONER IS VACATED AND PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED; THE MATTER BE REMANDED TO THE COMMISSIONER FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS REPORT; AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 7/10/17. 7/11/17 ENTERED AND COPIES EMAILED TO COUNSEL AND FAXED BY CHAMBERS.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
HERIBERTO APONTE-VEGA,
Plaintiff,

CIVIL ACTION

v.

Fl LED

NO. 15-2986

NANCY A. BERRYHILL, 1

JUL 10 20\7

Acting Commissioner of Social Security,
Defendant.

KATE BARKMAN. CleCrlk "
By_
J_oep. erl\

~ay o

AND NOW, this/O

, 2017, upon careful and independent

consideration of the administra: ·
Defendant's response, and Plaintiff's reply brief (Doc. Nos. 10, 11, & 12), and after review of
the Report and Recommendation of United States Magistrate Judge David R. Strawbridge, it is
hereby ORDERED that:
1.

The Report and Recommendation is APPROVED and ADOPTED;

2.

The decision of the Commissioner is VACATED and Plaintiff's Request for
Review is GRANTED;

. 3.

The matter be REMANDED to the Commissioner for further proceedings
consistent with this Report; and

3.

The Clerk of the Court shall mark this case CLOSED for statistical purposes.

J.
1

Nancy A. Berryhill became the Acting Commissioner of Social Security on January 23, 2017.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Ms. Berryman should be
substituted for the former Acting Commissioner, Carolyn Colvin, as the defendant in this action.
No further action need be taken to continue this suit pursuant to section 205(g) of the Social
Security Act. 42 U.S.C. § 405(g).

..

ffe//

,