SKILLEN v. ASTRUE

Filing 16

MEMORANDUM ORDER denying 13 Motion for Summary Judgment and granting in part and denying in part 8 Motion for Summary Judgment; The decision of the Commissioner is vacated, and this case is remanded to the Commissioner for further consideration of plaintiff's application for disability insurance benefits; 15 Report and Recommendation is adopted as the opinion of the Court. Signed by Chief Judge Gary L. Lancaster on 3/21/13. (map)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNS\' LVANIA

LAWRENCE JOHN SKILLEN,
Plaintiff,

v.
CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Civil Action No" 12-707
Chief Judge Gary L. Lancaster/Chief
Magistrate JudJ,~e Lisa Pupo Lenihan

MEMORANDUM ORDER
The complaint filed by Plaintiff Lawrence John Skillen ("Skillen") against the
Commissioner of Social Security ("Commissioner") was received by this Court on May 29,
2012, and the matter was referred to Chief United States Magistrate Judge Lisa Pupo Lenihan for
pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(I), and
Local Rules of Court 72.C and n.D.
The Report and Recommendation (ECF No. 15) filed on February 26, 2013,
recommended that the Commissioner's Motion for Summary JudgmEnt (ECF No. 13) be denied,
that Skillen's Motion for Summary Judgment (ECF No.8) be granted in part and denied in part,
that the Commissioner's final decision be vacated, and that the case be remanded to the
Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further consideration of
Skillen's application for disability insurance benefits. Service was made on all counsel of
record. The parties were informed that, in accordance with the Magi:;trate Judges Act, 28 U.S.C.

§ 636(b)(J)(B) and (C), and Rule n.D.2 ofthe Local Rules of Court, they had fourteen (14) days
to file written objections to the Report and Recommendation. No objections have been filed.

After review of the pleadings and documents in this case, together with the Report and
Recommendation, IT IS HEREBY ORDEREH, this

2--1

day

Commissioner's Motion for Summary Judgment (ECF No. 13) is

of~[arch, 2013, that the
DE~IED,

that Skillen's

Motion for Summary Judgment (ECF No.8) is GRANTED IN PART and DENIED IN PART,
that the decision of the Commissioner is VACATED, and that the case is REMANDED to the
Commissioner for further consideration ofSkiUen's application for disability insurance benefits.
IT IS FURTHER ORDERED that the Report and Recommendation of Chief Magistrate

Judge Lenihan (ECF No.1 5) is adopted as the opinion of the Court.

9'ARY 1. LANCASTER
Chief United States District Judge
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