Gorby v. Colvin

Filing 21

ORDER (memorandum filed previously as separate docket entry),NOT ADOPTING the 17 REPORT AND RECOMMENDATION of MAgistrate Judge Cohn; Plaintiff's objection are GRANTED; and the Clerk of Court is directed to REMAND this case to the Commisioner for further proceedings and CLOSE this case.Signed by Honorable James M. Munley on 1/11/17. (sm)

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

BRANDY GORBY,

:
No. 3:14cv2195
Plaintiff :
:
(Judge Munley)
v.
: (Magistrate Judge Cohn)
:
CAROLYN W. COLVIN,
:
COMMISSIONER OF SOCIAL
:
SECURITY,
:
Defendant :
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 11th day of January 2017, it is hereby
ORDERED as follows:
1) The magistrate judge’s report and recommendation (Doc. 17) is
NOT ADOPTED;
2) The plaintiff’s objections to the report and recommendation (Doc.
18) are GRANTED to the extent that the Clerk of Court is directed to
remand this case to the Commissioner for further proceedings
consistent with the accompanying memorandum;
3) Upon remand, the Commissioner shall properly evaluate the
treating psychiatrist’s opinion and factor in the plaintiff’s obesity into
his analysis; and
4) The Clerk of Court is directed to close this case.
BY THE COURT:
s/ James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court