Howell v. Colvin

Filing 24

ORDER (memorandum filed previously as separate docket entry),(1)the report and recommendation of Judge Carlson, (Doc. 21), is ADOPTED IN ITS ENTIRETY;(2)the decision of the Commissioner of Social Security denying the plaintiffs application for benefi ts is VACATED;(3)the plaintiffs request for a new administrative hearing is GRANTED;(4)the instant action is REMANDED to the Commissioner to conduct a new administrative hearing pursuant to sentence four of 42 U.S.C. §405(g); and(5)the Clerk of Court shall CLOSE THIS CASE. ORDER REMANDING CASE.Signed by Honorable Malachy E Mannion on 9/5/17. (bs)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA STEPHANIE HOWELL, Plaintiff : NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY,1 Defendant CIVIL ACTION NO. 3:16-0633 : v. : (JUDGE MANNION) : : : ORDER In accordance with the memorandum issued this same day, IT IS HEREBY ORDERED THAT: (1) the report and recommendation of Judge Carlson, (Doc. 21), is ADOPTED IN ITS ENTIRETY; (2) the decision of the Commissioner of Social Security denying the plaintiff’s application for benefits is VACATED; (3) the plaintiff’s request for a new administrative hearing is GRANTED; (4) the instant action is REMANDED to the Commissioner to conduct a new administrative hearing pursuant to sentence 1 On January 23, 2017, Nancy A. Berryhill became the Acting Commissioner of Social Security. Pursuant to Federal Rule of Civil Procedure 25(d), Nancy A. Berryhill is substituted for Carolyn W. Colvin, Acting Commissioner of Social Security, as the defendant in this suit. four of 42 U.S.C. §405(g); and (5) the Clerk of Court shall CLOSE THIS CASE. s/ Malachy E. Mannion MALACHY E. MANNION United States District Judge Date: September 5, 2017 O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-0633-01-ORDER.wpd 2

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