Diaz-Rodriguez v. Berryhill

Filing 17

ORDER (memorandum filed previously as separate docket entry), The R & R is adopted in its entirety; Appeal denying DIB & SSI is Granted and Commissioner's decision is Vacated; ORDER REMANDING CASE to Commissioner.Signed by Honorable Malachy E Mannion on 8/29/19. (bs)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA KENIA MERCEDES DIAZ-RODRIGUEZ, : : Plaintiff CIVIL ACTION NO. 3:18-0603 : v. (JUDGE MANNION) ANDREW M. SAUL1, : : Defendant ORDER In accordance with the memorandum issued this same day, IT IS HEREBY ORDERED THAT: (1) the report of Judge Mehalchick, (Doc. 15), is ADOPTED IN ITS ENTIRETY; (2) the plaintiff’s complaint appealing the final decision of the Commissioner denying her claims for DIB benefits and SSI, (Doc. 1), is GRANTED, and the Commissioner’s decision is VACATED; (3) this case is REMANDED to the Commissioner for further proceedings consistent with Judge Mehalchick’s report; and 1 Andrew M. Saul was sworn in as Commissioner of Social Security on June 17, 2019, and is automatically substituted as the defendant in this action. See Fed.R.Civ.P. 25(d). (4) the Clerk of Court is directed to CLOSE THIS CASE. s/ Malachy E. Mannion MALACHY E. MANNION United States District Judge Date: August 29, 2019 18-0603-01-ORDER.wpd 2

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