Kopinetz v. Colvin et al

Filing 13

ORDER (memorandum filed previously as separate docket entry). The decision of the Acting Commissioner of Social Security denying John Jay Kopinetzs Social Security Disability Insurance Benefits is AFFIRMED; The decision of the Acting Commissioner of Social Security denying John Jay Kopinetzs Supplemental Security Income is VACATED and the case is REMANDED to the Commissioner of Social Security to conduct a new administrative hearing, fully develop the record, and appropriately evaluate the evidence; and The Clerk of Court shall CLOSE the case. Signed by Honorable Matthew W. Brann on 2/23/2017. (jn)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA ____________________________________ : JOHN JAY KOPINETZ, : : Plaintiff, : Civil No. 3:16-CV-01074 : v. : : (Judge Brann) CAROLYN W. COLVIN, : Acting Commissioner of : Social Security : : Defendant. : ____________________________________: ORDER AND NOW, THIS 23RD DAY OF FEBRUARY 2017, IT IS HEREBY ORDERED THAT: (1) The Clerk of Court shall enter judgment in favor of Nancy A. Berryhill, Acting Commissioner of Social Security1 as to Kopinetz’s Social Security Disability Insurance Benefits claim under Title II, and as set forth in paragraph three (3) below; (2) The Clerk of Court shall enter judgment in favor of John Jay Kopinetz and against Nancy A. Berryhill, Acting Commissioner of Social Security as to Kopinetz’s Supplemental Security Income claim under Title XVI, and as set forth in paragraph four (4) below; (3) The decision of the Acting Commissioner of Social Security denying John Jay Kopinetz’s Social Security Disability Insurance Benefits is AFFIRMED; (4) The decision of the Acting Commissioner of Social Security denying John Jay Kopinetz’s Supplemental Security Income is VACATED and the case is REMANDED to the Commissioner of Social Security to conduct a new administrative hearing, fully develop the 1 Nancy A. Berryhill is now 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. record, and appropriately evaluate the evidence; and (5) The Clerk of Court shall CLOSE the case. BY THE COURT: s/ Matthew W. Brann ______________________ Matthew W. Brann United States District Judge

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