BYERLY v. COLVIN

Filing 18

MEMORANDUM ORDER. Defendant's Motion for Summary Judgment (Doc. #11 ) is DENIED; Plaintiff's Motion for Summary Judgment (Doc. #9 ) is GRANTED; this case is REMANDED FORTHWITH for further administrative proceedings; and the Magistrate Judge's Report and Recommendation (Doc. #15 ) is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 9/19/14. (dcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA LINDA BYERLY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No. 13-270E Judge Cathy Bissoon Magistrate Judge Cynthia Reed Eddy MEMORANDUM ORDER This case has been referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Rules 72.C and 72.D of the Local Rules for Magistrates. On August 28, 2014, the magistrate judge issued a Report (Doc. 15) recommending that Defendant’s Motion for Summary Judgment (Doc. 11) be denied, and that Plaintiff’s Motion for Summary Judgment (Doc. 9) be granted. Service of the Report and Recommendation was made on the parties, and Defendant timely has filed Objections. See Doc. 16. After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation and the Objections thereto, the following Order is entered: Defendant’s Motion for Summary Judgment (Doc. 11) is DENIED; Plaintiff’s Motion for Summary Judgment (Doc. 9) is GRANTED; this case is REMANDED FORTHWITH for further administrative proceedings, consistent with the Magistrate Judge’s instructions; and the Magistrate Judge’s Report and Recommendation is adopted as the Opinion of the District Court. IT IS SO ORDERED. September 19, 2014 s\Cathy Bissoon Cathy Bissoon United States District Judge cc (via ECF email notification): All counsel of record 2

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