Hynd v. Berryhill

Filing 14

ORDER - IT IS ORDERED THAT: 1. The Court ADOPTS the Report and Recommendation 12 , of Magistrate Judge Carlson; 2. The decision of the Commissioner of Social Security denying Plaintiff benefits is VACATED and the case is REMANDED for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g); and 3. The Clerk of Court is directed to enter judgment in favor of Plaintiff and against Defendant, and CLOSE this case. Signed by Honorable Yvette Kane on 5/23/18. (rw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TREVOR E. HYND,
Plaintiff

:
:
:
v.
:
:
NANCY A. BERRYHILL,1
:
Acting Commissioner of the Social Security :
Administration,
:
Defendant
:

No. 1:17-CV-00578
(Judge Kane)
(Magistrate Judge Carlson)

ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
Before the Court in the above-captioned action is the May 7, 2018 Report and
Recommendation of Magistrate Judge Carlson (Doc. No. 12), recommending that the Court
vacate the decision of the Commissioner of Social Security denying Plaintiff Trevor Hynd’s
application for disability benefits and remand the matter for a new administrative hearing
pursuant to sentence four of 42 U.S.C. § 405(g). In his Report and Recommendation, Magistrate
Judge Carlson finds that the Administrative Law Judge’s decision to discount the opinion of
Plaintiff’s treating physician was not supported by substantial evidence. (Doc. No. 12 at 24-28.)
On May 21, 2018, the Commissioner of Social Security filed a letter waiving the opportunity to
object to the Report and Recommendation. (Doc. No. 13.)

1

Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure and 42 U.S.C. § 405(g),
Acting Commissioner Nancy A. Berryhill is automatically substituted as the named Defendant in
place of the former Commissioner of the Social Security Administration.
1

ACCORDINGLY, on this 23rd day of May 2018, upon independent review of the
record and applicable law, IT IS ORDERED THAT:
1.

The Court ADOPTS the Report and Recommendation (Doc. No. 12), of
Magistrate Judge Carlson;

2.

The decision of the Commissioner of Social Security denying Plaintiff benefits is
VACATED and the case is REMANDED for further administrative proceedings
pursuant to sentence four of 42 U.S.C. § 405(g); and

3.

The Clerk of Court is directed to enter judgment in favor of Plaintiff and against
Defendant, and CLOSE this case.
s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania

2