Bempkins v. Social Security Administration

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Report and Recommendation is ADOPTED. The Commissioner's decision is VACATED. The case is REMANDED to an Administrative law Judge for further proceedings consistent with this Order and the Report and Recommendation. The Clerk of Court is directed to CLOSE this case. Signed by Honorable Robert D. Mariani on 9/6/17. (jam)

THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GINA BEMPKINS,
Plaintiff,

v.

3:16-CV-1137
(JUDGE MARIANI)

NANCY BERRYHILL,
ACTING COMMISSIONER OF
SOCIAL SECURITY,

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Defendant.

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ORDER

AND NOW, THIS~ DAY OF SEPTEMBER, 2017, upon review of Magistrate
Judge Mehalchick's Report & Recommendation, (Doc. 19), for clear error and manifest

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injustice, 1 IT IS HEREBY ORDERED THAT:
1. The Report & Recommendation, (Doc. 19), is ADOPTED, for the reasons
discussed therein.
2. The Commissioner's decision is VACATED.
3. The case is REMANDED to an Administrative Law Judge for further proceedings
consistent with this Order and the Report & Recommendation.
4. The Clerk of Court is directed to CLOSE this case.

1 By

letter dated August 22, 2017, the government informed this Court that it has waived its
opportunity to object to the Report and Recommendation. (Doc. 20).

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