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McClease v. Commissioner of Social Security

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


October 28, 2009

CATHY MCCLEASE, PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Yohn, J.

Order

AND NOW, this 28th day of October, 2009, upon consideration of plaintiff Cathy McClease's Request for Review, the Commissioner's Response to Request for Review, and plaintiff's Reply thereto, and after careful and independent review of the magistrate judge's Report and Recommendation and plaintiff's objections thereto, and the Commissioner's response to objections, it is hereby ORDERED that:

1. Plaintiff's objections are SUSTAINED in part and DENIED in part.

2. The conclusions in the Report and Recommendation of the United States Magistrate Judge are APPROVED and ADOPTED in part and DENIED in part.

3. Judgment is entered modifying the decision of the Commissioner and the matter is REMANDED to the Commissioner of the Social Security Administration to allow the Administrative Law Judge ("ALJ") to conduct further proceedings consistent with the accompanying memorandum.

William H. Yohn Jr., Judge

20091028

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