Burge v. Colvin
Filing
16
ORDER granting 11 Motion to Reverse Decision of the Commissioner; denying 13 Motion to Affirm the Decision of the Commissioner; adopting 15 Report and Recommendations. So Ordered by Chief Judge William E. Smith on 2/1/2017. (Jackson, Ryan)
UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
___________________________________
)
)
)
Plaintiff,
)
)
v.
)
)
NANCY A. BERRYHILL[1], Acting
)
Commissioner of Social Security,
)
)
Defendant.
)
___________________________________)
JAMES BURGE,
C.A. No. 15-279 S
ORDER
WILLIAM E. SMITH, Chief Judge.
Magistrate Judge Patricia A. Sullivan filed a Report and
Recommendation
recommending
(R&R)
that
on
December
Plaintiff’s
7,
Motion
2016
for
(ECF
No.
Reversal
15),
of
the
Disability Determination of the Commissioner of Social Security
(ECF No. 11) be granted and that Defendant’s Motion for an Order
Affirming
the
Decision
denied.
Having
heard
of
no
the
Commissioner
objections
and
(ECF
No.
having
13)
be
carefully
reviewed Plaintiff’s Motion for Reversal of the Commissioner’s
1
Nancy A. Berryhill is now the Acting Commissioner of
Social Security. Pursuant to Rule 25(d) of the Federal Rules of
Civil Procedure, Nancy A. Berryhill has been substituted for
Acting Commissioner Carolyn W. Colvin as the defendant in this
action.
Decision,
Defendant’s
Motion
for
an
Order
Affirming
the
Commissioner’s Decision, and the R&R, the Court ACCEPTS the R&R
and
ADOPTS
the
recommendations
therein.
The
Commissioner’s
Decision is hereby REVERSED and the case is REMANDED to the
Commissioner for a rehearing consistent with the findings and
recommendations articulated in the R&R.
IT IS SO ORDERED.
William E. Smith
Chief Judge
Date: February 1, 2017
2
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