LYLE v. ASTRUE

Filing 17

ORDER ADOPTING 16 Report and Recommendation as the Opinion of this Court; GRANTING 10 Motion for Summary Judgment; DENYING 12 Motion for Summary Judgment; and REVERSING decision of administrative law Judge. Signed by Judge Arthur J. Schwab on 03/06/13. (eca)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ) Plaintiff, ) ) vs. ) Civil Action No. 11-1474 ) Magistrate Judge Maureen P. Kelly MICHAEL J. ASTRUE, Commissioner of ) Social Security, ) ) Defendant. GEORGE LYLE, ORDER AND NOW, this 6th day of March, 2013, after the Plaintiff, George Lyle, filed an action in the above-captioned case, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties until March 4,2013, to file written objections thereto, and no objections having been filed, and 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, IT IS HEREBY ORDERED that the Plaintiffs Motion for Summary Judgment [10] is GRANTED. IT IS FURTHER ORDERED that the Defendant's Motion for Summary Judgment [12] is DENIED. IT IS FURTHER ORDERED that the decision of the administrative law judge ("ALJ") is REVERSED. IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days. cc: Honorable Maureen P. Kelly United States Magistrate Judge All Counsel of Record by electronic filing

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