Shulfelt v. Colvin

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS ORDERED THAT the Court adopts the Report and Recommendation 18 of Magistrate Judge Carlson. The Commissioners decision is AFFIRMED with respect to the plaintiff's TitleII application for DIB benefits, but REMANDED for further consideration of theplaintiffs Title XVI application for SSI benefits & the Clerk of Court shall CLOSE the case. Signed by Honorable Yvette Kane on 3/29/17. (rw)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JEANINE SHULFELT, Plaintiff : : : : : : : : : v. CAROLYN W. COLVIN, Commissioner of the Social Security Administration,1 Defendant No. 1:15-cv-1026 (Judge Kane) (Magistrate Judge Carlson) ORDER Before the Court in the above captioned action is the September 15, 2016 Report and Recommendation of Magistrate Judge Carlson. (Doc. No. 18.) No timely objections have been filed. Rather, Defendant filed a letter informing the Court that it waives the opportunity to object to the Report and Recommendation. (Doc. No. 19.) Accordingly, on this 29th day of March 2017, upon review of the record and the applicable law, IT IS ORDERED THAT: 1) The Court adopts the Report and Recommendation (Doc. No. 18), of Magistrate Judge Carlson; 2) The Commissioner’s decision is AFFIRMED with respect to the plaintiff's Title II application for DIB benefits, but REMANDED for further consideration of the plaintiff’s Title XVI application for SSI benefits; and 1 The Court notes that since the institution of this action, Carolyn W. Colvin has been succeeded as Acting Commissioner of the Social Security Administration by Nancy A. Berryhill. Pursuant to Federal Rule of Civil Procedure 25(d), a public officer’s successor is automatically substituted as a party in an action brought against the public officer in an official capacity. 3) The Clerk of Court shall CLOSE the case. s/ Yvette Kane Yvette Kane, District Judge United States District Court Middle District of Pennsylvania

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