Simcox v. Colvin

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS ORDERED THAT: 1) The Court adopts the Report and Recommendation 23 , of Magistrate Judge Mehalchick; 2) The Commissioners decision is VACATED, and the case is REMANDED forto the Commissioner to fully develop the record, conduct a new administrative hearing, and appropriately evaluate the evidence pursuant to sentence four of 42 U.S.C. § 405(g); and 3) The Clerk of Court is directed to CLOSE the case.Signed by Honorable Yvette Kane on 6/28/17. (rw)

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

GINA F. SIMCOX,
Plaintiff
v.
NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration,1
Defendant

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No. 1:16-cv-00499

(Judge Kane)
(Magistrate Judge Mehalchick)

ORDER
Before the Court in the above captioned action is the June 9, 2017 Report and
Recommendation of Magistrate Judge Mehalchick. (Doc. No. 23.) 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. 24.)
Accordingly, on this 28th day of June 2017, upon independent review of the
record and the applicable law, IT IS ORDERED THAT:
1) The Court adopts the Report and Recommendation (Doc. No. 23), of
Magistrate Judge Mehalchick;
2) The Commissioner’s decision is VACATED, and the case is REMANDED for
to the Commissioner to fully develop the record, conduct a new administrative hearing,
and appropriately evaluate the evidence pursuant to sentence four of 42 U.S.C. §
405(g); 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 is directed to CLOSE the case.
s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania