BARNETT v. ASTRUE

Filing 17

ORDER adopting 16 Report and Recommendation, dated September 26, 2013 as the Opinion of the Court. Defendant Commissioner of Social Security's 16 Motion for Summary Judgment is DENIED. Plaintiff's 12 Motion for Summary Judgment is g ranted in part and denied in part. Plaintiff's Motion for Summary Judgment is DENIED to the extent it requests an award of benefits, and GRANTED to the extent it requests that we vacate the Commissioner's final decision and remand for furth er proceedings. ORDERED that the final decision of the Commissioner is vacated and this case is REMANDED for further consideration of Plaintiff's application for Supplemental Security Income benefits. The Commissioner is hereby DIRECTED to reopen and fully develop the record before rendering a ruling on Plaintiff's claim. Signed by Judge Maurice B. Cohill on 10/21/13.(rtw)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

KIMBERL Y L. BARNETT,

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Plaintiff,
v.
CAROL YN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Civil Action No. 12-224 Erie
Judge Maurice B. Cohill, Jr.
Magistrate Judge Susan Baxter

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MEMORANDUM ORDER
This case is before us on appeal from a final decision by the defendant, Commissioner of
Social Security, denying Kimberly L. Barnett's claim for supplemental security income under
Title XVI of the Social Security Act, 42 U.S.c. §§ 401-433, 1381-1383(f). The case was
referred to United States Magistrate Judge Susan Paradise Baxter for report and
recommendation.
Magistrate Judge Baxter issued a Report and Recommendation, filed September 26,
2013, recommending that the Defendant's motion for summary judgment be denied, and that the
Plaintiffs motion for summary judgment be granted to the extent that she seeks a remand for
further proceedings, and otherwise denied. ECF No. 16. The Parties were permitted until
October 15, 2013 to file written objections to the Report and Recommendation. No objections
were filed.

Upon independent review of the record, and upon consideration of the Magistrate Judge's
Report and Recommendation, which is adopted as the opinion of this Court, the following Order
is hereby entered.

AU
AND NOW, this )..4 day of October, 2013, it is HEREBY ORDERED, ADJUDGED
and DECREED as follows:
1. The Report and Recommendation dated September 26,2013 is adopted as the

Opinion of the Court.

2. Defendant Commissioner of Social Security's Motion for Summary Judgment (ECF
No. 14) is DENIED.

3. Plaintiffs Motion tor Summary Judgment (ECF No. 12) is DENIED to the extent it
requests an award of benefits.
4. Plaintiffs Motion for Summary Judgment (ECF No. 12) is GRANTED to the extent

it requests that we vacate the Commissioner's "final decision" and remand for further
proceedings.
IT IS FURTHER ORDERED that the final decision of the Commissioner is vacated and
this case is REMANDED for further consideration of Plaintiffs application for Supplemental
Security Income benefits.
The Commissioner is hereby DIRECTED to reopen and fully develop the record before
rendering a ruling on Plaintiff s claim.

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aurice B. Cohill, Jr.
Senior United States District Judge

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