Tucker v. Colvin

Filing 16

ORDER (memorandum filed previously as separate docket entry). IT IS HEREBY ORDERED THAT: 1) The Clerk of Court shall enter judgment in favor of Brett D. Tucker and against the Commissioner as set forth in the following paragraph. 2) The decision of the Commissioner of Social Security denying Brett D. Tucker social security 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...3) The Clerk of Court shall close this case. Signed by Magistrate Judge Gerald B. Cohn on 9/8/14. (aaa)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
BRETT D. TUCKER,

CASE NO. 3:13-cv-02416-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, 6, 7, 9, 10, 11
In accordance with the accompanying memorandum, IT IS HEREBY ORDERED
THAT:
1. The Clerk of Court shall enter judgment in favor of Brett D. Tucker and against the
Commissioner as set forth in the following paragraph.
2. The decision of the Commissioner of Social Security denying Brett D. Tucker 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 opinions of Dr. Bradley Jahn, D.C., Dr. Amatul Khalid, M.D.,
and Mr. Martin Young, and, if necessary, elicit further medical opinion regarding Brett
D. Tucker’s residual functional capacity or his ability to meet or equal an impairment
listed in 20 C.F.R. Part 404, Subpart P, Appendix 1.
3. The Clerk of Court shall close this case.
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Dated: September 8, 2014
s/Gerald B. Cohn
GERALD B. COHN
UNITED STATES MAGISTRATE JUDGE

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