IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
February 26, 2009
DONNA L. CARTER
MICHAEL J. ASTRUE, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION
The opinion of the court was delivered by: Timothy J. Savage, J.
AND NOW, this 26th day of February, 2009, upon consideration of Plaintiff's Motion for Summary Judgment Or, In the Alternative, Plaintiff's Motion for Remand (Document No. 8), the defendant's response (Document No. 10), the Report and Recommendation of United States Magistrate Judge Henry S. Perkin (Document No. 12), the lack of any objection to the Report and Recommendation, and after a thorough and independent review of the record, it is ORDERED as follows:
1. The Magistrate Judge's Report is APPROVED and his Recommendation is ADOPTED*fn1;
2. The plaintiff's Request for Review is GRANTED IN PART and DENIED IN PART; and
3. This case is REMANDED pursuant to the fourth sentence of 42 U.S.C. § 405(g) to the Commissioner of Social Security for further proceedings consistent with the Report and Recommendation.