Stewart v. Colvin

Filing 17

ORDER (memorandum filed previously as separate docket entry). The Clerk of Court shall enter judgment in favor of Lynda A. Stewart and against the Commissioner as set forth in the following paragraph. The decision of the Commissioner of Social Securi ty denying Lynda A. Stewart social security disability insurance benefits and supplemental security income benefits is vacated and the case remanded to the Commissioner of Social Security. See order for complete details. Signed by Magistrate Judge Gerald B. Cohn on 9/30/2014. (ch1)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
LYNDA A. STEWART,

CASE NO. 1:13-cv-02312-GBC

Plaintiff,
(MAGISTRATE JUDGE COHN)
v.
CAROLYN W. COLVIN,
ACTING COMMISSIONER OF
SOCIAL SECURITY,

ORDER
GRANTING
PLAINTIFF’S
APPEAL, VACATING THE DECISION OF
THE COMMISSIONER, AND REMANDING
FOR FURTHER PROCEEDINGS

Defendant.
Docs. 1, 5, 6, 7, 10, 11

In accordance with the accompanying memorandum, IT IS HEREBY ORDERED
THAT:
1. The Clerk of Court shall enter judgment in favor of Lynda A. Stewart and against the
Commissioner as set forth in the following paragraph.
2. The decision of the Commissioner of Social Security denying Lynda A. Stewart social
security disability insurance benefits and supplemental security income benefits is vacated and
the case remanded to the Commissioner of Social Security to:
Conduct a new administrative hearing;
Appropriately evaluate the affidavit and testimony of Elaine Meli, Plaintiff’s sister;
Appropriately evaluate the opinion of Dr. Igor Yampolsky, and, if necessary, elicit
further medical opinion regarding Lynda A. Stewart’s residual functional capacity or her
ability to meet or equal an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix
1.
Page 1 of 2

3. The Clerk of Court shall close this case.
Dated: September 30, 2014
s/Gerald B. Cohn
GERALD B. COHN
UNITED STATES MAGISTRATE JUDGE

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