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Bell v. Astrue

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


March 26, 2009

RICHARD B. BELL, PLAINTIFF
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SSA, DEFENDANT

The opinion of the court was delivered by: James Knoll Gardner United States District Judge

ORDER

NOW, this 26th day of March, 2009, upon consideration of the following documents:

1. Decision of Administrative Law Judge Margaret A. Lenzi dated September 26, 2006;

2. Plaintiff's Complaint filed January 4, 2008;

3. Defendant's Answer filed April 28, 2008;

4. Plaintiff's Motion for Summary Judgment filed June 12, 2008;

5. Brief and Statement of Issues in Support of Request for Review, which brief and statement was filed June 12, 2008;

6. Defendant's Response to Request for Review of Plaintiff, which response was filed September 15, 2008;

7. Plaintiff's Brief in Reply to Defendant's Brief in Response to Plaintiff's Request for Review, which plaintiff's brief was filed September 22, 2008;

8. Report and Recommendation of United States Magistrate Judge Jacob P. Hart filed November 24, 2008; and

9. Defendant's Objections to the Magistrate Judge's Report and Recommendation, which objections were filed December 15, 2008; after a thorough review of the record in this matter; and it appearing after de novo review that Magistrate Judge Hart's Report and Recommendation correctly determined the legal and factual issues presented,

IT IS ORDERED that Magistrate Judge Jacob P. Hart's Report and Recommendation is approved and adopted, as modified concerning fibromyalgia in footnote 2, below.*fn1

IT IS FURTHER ORDERED that Defendant's Objections to the Magistrate Judge's Report and Recommendation are overruled.*fn2

IT IS FURTHER ORDERED that plaintiff's request for review is granted in part and denied in part.*fn3

IT IS FURTHER ORDERED that plaintiff's request for an award of Supplemental Security Income ("SSI") and Disability Insurance Benefits ("DIB") is denied.

IT IS FURTHER ORDERED that plaintiff's request for a remand is granted.

IT IS FURTHER ORDERED that plaintiff's request for review is remanded in accordance with the fourth sentence of 42 U.S.C. § 405(g) to the Commissioner of the Social Security Administration to obtain a report from a reviewing gastroenterologist or hepatologist after review of plaintiff's records pertaining to his hepatitis C and cirrhosis of the liver on the date of his hearing, as relevant to his claim for SSI, and on his last date insured for DIB, which was June 30, 2006, and to obtain a report from a rheumatologist, as relevant to his potential claim for SSI and DIB as a result of fibromyalgia.

IT IS FURTHER ORDERED that judgment is granted in favor of plaintiff and against defendant.

IT IS FURTHER ORDERED that the Clerk of Court shall close this civil action for statistical purposes.


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