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Gioia v. Astrue

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


July 30, 2009

JO ALLEN GIOIA PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, DEFENDANT.

The opinion of the court was delivered by: Jan E. Dubois, J.

ORDER AND NOW, this 30th day of July, 2009, upon consideration of Plaintiff's Brief and Statement of Issues in Support of Request for Review and defendant's Response to Request for Review of Plaintiff, and after review of the Report and Recommendation of Chief United States Magistrate Judge Thomas J. Rueter dated June 19, 2009, IT IS ORDERED as follows:

1. The Report and Recommendation of Chief United States Magistrate Judge Thomas J. Rueter dated June 19, 2009, is APPROVED and ADOPTED; and,

2. Plaintiff's Request for Review is GRANTED, and the decision of the Commissioner of the Social Security Administration is REVERSED to the extent that the matter is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendation of Chief United States Magistrate Judge Thomas J. Rueter dated June 19, 2009.

20090730

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