HEFFERAN v. BERRYHILL

Filing 16

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED IN PART AND DENIED IN PART; THE FINAL DECISION OF THE COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION IS REVERSED, AND THE MATTER IS REMAN DED TO THE COMMISSIONER UNDER SENTENCE FOUR OF 42:405(G) FOR FURTHER PROCEEDINGS CONSISTENT WITH THE REPORT AND RECOMMENDATION; AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY CHIEF JUDGE LAWRENCE F. STENGEL ON 4/5/18. 4/5/18 ENTERED & E-MAILED.(fdc)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DANIEL J. HEFFERAN, JR. Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. : : : : : : : : : CIVIL ACTION NO. 17-2720 ORDER AND NOW, this 5th day of April, 2018, upon independent consideration of the plaintiff’s request for review (Doc. No. 9), the defendant’s response (Doc. No. 10), and the plaintiff’s reply (Doc. No. 11), and after review of the thorough and well-reasoned Report & Recommendation of U.S. Magistrate Judge Jacob P. Hart, there being no objections from the defendant, IT IS ORDERED that: 1. The Report & Recommendation is APPROVED and ADOPTED; 2. The plaintiff’s request for review is GRANTED in part and DENIED in 3. The final decision of the Commissioner of the Social Security part; Administration is REVERSED, and the matter is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the Report & Recommendation; and 4. The Clerk of Court shall mark this case CLOSED for statistical purposes. BY THE COURT: /s/ Lawrence F. Stengel LAWRENCE F. STENGEL, C.J.

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