MICHAELS v. ASTRUE

Filing 17

MEMORANDUM ORDER granting in part and denying in part 10 Motion for Summary Judgment; denying 13 Motion for Summary Judgment and adopting Report and Recommendations re 16 Report and Recommendations. Signed by Judge Terrence F. McVerry on 5/29/2013. (kly)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
SHELLEY RENEE MICHAELS,
Plaintiff,
v.
CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Civil Action No. 12-1181
Judge Terrence F. McVerry
Magistrate Judge Cynthia Reed Eddy

MEMORANDUM ORDER
The Plaintiff’s complaint was received by the Clerk of Court on August 17, 2012, and
referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in
accordance with the Magistrate Judges Act. 28 U.S.C. § 636(b)(1).
The Magistrate Judge’s Report and Recommendation (ECF No. 16), filed on April 1,
2013, recommended that the Defendant’s Motion for Summary Judgment (ECF No. 13) be
denied, that the Plaintiff’s Motion for Summary Judgment (ECF No. 10) be denied to the extent
that it requests an award of benefits, and that the Plaintiff’s Motion for Summary Judgment be
granted to the extent that it seeks a vacatur of the decision of the Commissioner of Social
Security (“Commissioner”), and a remand for further administrative proceedings. Service was
made on all counsel of record. The parties were informed that, under the Magistrate Judges Act,
they had fourteen days to file written objections to the Report and Recommendation. 28 U.S.C.
§ 636(b)(1). No objections have been filed.
After review of the pleadings and documents contained in the record, together with the
Report and Recommendation, the following order is entered:

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AND NOW, this 29th day of May, 2013,
IT IS HEREBY ORDERED that the Defendant’s Motion for Summary Judgment (ECF
No. 13) is DENIED.
IT IS FURTHER ORDERED that the Plaintiff’s Motion for Summary Judgment (ECF
No. 10) is DENIED to the extent that it requests an immediate award of benefits but
GRANTED to the extent that it seeks a vacatur of the Commissioner’s decision, and a remand
for further administrative proceedings.
IT IS FURTHER ORDERED that the Commissioner’s decision denying the Plaintiff’s
application for supplemental security income benefits is VACATED, and that the case is
REMANDED for further consideration of the Plaintiff’s application.
IT IS FURTHER ORDERED that the Report and Recommendation of Magistrate
Judge Eddy, dated April 1, 2013, is adopted as the opinion of the Court.

s/ Terrence F. McVerry
Terrence F. McVerry
United States District Judge

cc:

All counsel of record

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