BOTCH v. BERRYHILL

Filing 22

ORDER THAT THE COMMISSIONER'S OBJECTIONS ARE OVERRULED. THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED AND THE DECISION OF THE COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION IS REVERSED SUCH THAT THIS CASE IS REMANDED TO THE COMMISSIONER FOR FURTHER PROCEEDINGS CONSISTENT WITH MAGISTRATE JUDGE RUETER'S REPORT AND RECOMMENDATION. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 5/28/19. 5/28/19 ENTERED AND COPIES E-MAILED.(mbh, )

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

JAMES BOTCH,
Plaintiff,
v.
NANCY A. BERRYHILL,
Defendant.

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CIVIL ACTION

No. 17-cv-4586

ORDER
AND NOW, this 28th day of May, 2019, upon consideration of Plaintiff’s Brief and
Statement of Issues in Support of Request for Review (ECF No. 9), and the responses thereto, and
after careful review of the Report and Recommendation of United States Magistrate Judge Thomas
J. Rueter (ECF No. 14), and the objections thereto (ECF No. 18), it is hereby ORDERED that:
1. The Commissioner’s objections are OVERRULED for the reasons stated in the
accompanying memorandum opinion;
2. The Report and Recommendation (ECF No. 14) is APPROVED and ADOPTED;
and
3. Plaintiff’s Request for Review (ECF No. 9) is GRANTED, and the decision of the
Commissioner of the Social Security Administration is REVERSED, such that this
matter is REMANDED to the Commissioner under sentence four of 42 U.S.C.
§ 405(g) for further proceedings consistent with Magistrate Judge Rueter’s Report and
Recommendation.

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BY THE COURT:

/s/ Mitchell S. Goldberg
MITCHELL S. GOLDBERG, J.

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