RODRIGUEZ v. BERRYHILL

Filing 25

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE RELIEF SOUGHT BY PLAINTIFF IS GRANTED IN PART AS DESCRIBED BELOW. THE CASE IS REMANDED TO THE COMMISSIONER PURSUANT TO THE FOURTH SENTENCE OF 42 U.S.C. SEC. 405(G), AND IN ACCORDANCE WITH THE REPORT AND RECOMMENDATION. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 5/12/21. 5/12/21 ENTERED & E-MAILED.(fdc)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ : MARIALUISA RODRIGUEZ, : : CIVIL ACTION Plaintiff : v. : NO. 17-3180 : ANDREW SAUL, : COMMISSIONER OF THE : 1 : SOCIAL SECURITY ADMINISTRATION , : Defendant. : __________________________________________: ORDER AND NOW, this 12th day of May , 2021, upon consideration of Plaintiff’s Brief and Statement of Issues in Support of Request for Review (ECF No. 14); Defendant’s Response to Request for Review of Plaintiff (ECF No. 15); Plaintiff’s Brief in Reply to Defendant’s Brief in Response to Plaintiff’s Request for Review (ECF No. 16); Defendant’s Response to the Court’s November 12, 2020 Order (ECF No. 22); and Plaintiff’s Response to the Court’s November 12, 2020 Order (ECF No. 23); and after review of the Report and Recommendation of United States Magistrate Judge Henry S. Perkin dated December 31, 2020, IT IS ORDERED that: 1. the Report and Recommendation is APPROVED and ADOPTED; 2. the relief sought by Plaintiff is GRANTED in part as described below; and 3. the case is REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g), and in accordance with the Report and Recommendation. BY THE COURT: /s/ Mitchell S. Goldberg MITCHELL S. GOLDBERG, J. 1 Andrew M. Saul became the Commissioner of Social Security in June 2019. Pursuant to Fed. R. Civ. P. 25(d), he is automatically substituted as a party in place of Nancy A. Berryhill, who was Acting Commissioner from January 23, 2017 through June of 2019.

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