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Diluigi v. Astrue

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


April 2, 2009

ROXANNE DILUIGI, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Louis H. Pollak, J.

ORDER

AND NOW, this 2 day of April, 2009, after review of the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED.

2. The final decision of the Commissioner denying disability benefits to Roxanne DiLuigi is VACATED; and

3. The matter is REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g),*fn1 for further proceedings consistent with Judge Hey's Report and Recommendation, in particular Judge Hey's instruction that the Commissioner "act on an expedited basis in further addressing the question of substantial gainful activity at step one and, if necessary, in proceeding to consider the remaining steps of the five-step evaluation process."

JUDGMENT

AND NOW, this 2 day of April, 2009, in accordance with Kadelski v. Sullivan, 30 F.3d 399 (3d Cir. 1994), and Rule 58 of the Federal Rules of Civil Procedure, it is hereby ORDERED that JUDGMENT is entered VACATING the final decision of the Commissioner of Social Security and REMANDING this action to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings consistent with my Order of today.


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