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)

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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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