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Poleck v. Astrue

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


November 9, 2009

CHESTER M. POLECK, JR. PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY DEFENDANT.

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

ORDER

AND NOW, this 9th day of November, 2009, after careful review and independent consideration of plaintiff's Statement of Issues in Support of Request for Review (Doc. No. 7. filed 5/11/09), the Report and Recommendation of Jacob P. Hart, United States Magistrate Judge, dated September 16, 2009; and plaintiff's Objections to the Magistrate Judge's Report and Recommendation (Doc. No. 12, filed 10/01/09), for the reasons stated in the Memorandum dated November 9, 2009,

IT IS ORDERED as follows:

1. The Report and Recommendation of Jacob P. Hart, United States Magistrate Judge, dated September 16, 2009, is APPROVED and ADOPTED as supplemented and amended in the Court's November 9, 2009 Memorandum;

2. Plaintiff's Objections to the Magistrate Judge's Report and Recommendation are OVERRULED;

3. Plaintiff's Request for Review is GRANTED IN PART and DENIED IN PART; and the matter shall be REMANDED pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further review of the medical evidence with regard to the plaintiff's heart impairment and his carpal tunnel syndrome. Plaintiff's Request for Review is DENIED in all other respects.

20091109

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