WOODY v. BERRYHILL

Filing 22

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVE AND ADOPTED IN PART. PLAINTIFF'S MOTION AND REQUEST FOR REVIEW IS GRANTED IN PART BUT OTHERWISE DENIED. THIS CASE IS REMANDED TO THE COMMISSIONER FOR FURTHER EVALUATION CONSISTENT WITH THE MEMO RANDUM. A STATUS MEMORANDA SHALL BE FILED ON 12/28/2018, 3/28/2019 AND EVERY 60 DAYS THEREAFTER AS OUTLINED HEREIN. THE CLERK OF COURT SHALL CLOSE THIS CASE.. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/1/2018. 10/1/2018 ENTERED AND COPIES E-MAILED.(kp, )

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

CIVIL ACTION
v.
NO. 5: 17-4503

NANCY ANN BERRYHILL

ORDER
AND NOW, this 1st day of October 2018, upon considering Plaintiffs Complaint seeking

judicial review of the denial of social security benefits (ECF Doc. No. 1), the Commissioner's
Response (ECF Doc. No. 9), Plaintiffs Brief and statement of issues (ECF Doc. No. 11), the
Commissioner's Opposition (ECF Doc. No. 12), Plaintiffs Reply (ECF Doc. No. 13), the Report
and Recommendation from Magistrate Judge Rice (ECF Doc. No. 15), the Commissioner's
Objections (ECF Doc. No. 20), and for reasons in the accompanying Memorandum, it is
ORDERED:

1.

We APPROVE and ADOPT in part Judge Rice's comprehensive Report and

Recommendation (ECF Doc. No. 15);
2.

Plaintiffs Motion and Request for review (ECF Doc. No. 11) is GRANTED in

part for remand on a limited issue but otherwise DENIED;

3.

We remand to the Commissioner for further evaluation consistent with the

accompanying Memorandum;
4.

Under Fed.R.Civ.P. 1 and mindful Mr. Woody applied for benefits five years ago,

the Commissioner shall promptly schedule a renewed hearing with an Administrative Law Judge
and shall file status memoranda on the progress of resolving Mr. Woody's application for
benefits on December 28, 2018, March 28, 2019 and every sixty days thereafter until resolved

or returned for our further review of the next reasoned decision consistent with the
accompanying Memorandum; and,
5.

The Clerk of Court shall close this case for statistical purposes.

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