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Comiskey v. Astrue

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


January 27, 2010

PAUL K. COMISKEY, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: William H. Yohn Jr., Judge

ORDER

AND NOW, this 27th day of January, 2010, upon consideration of plaintiff Paul K. Comiskey's motion for summary judgment (docket no. 10), the Commissioner's response thereto, plaintiff's reply, and the Commissioner's sur-reply, and after careful and independent review of the magistrate judge's Report and Recommendation (docket no. 17) and the Commissioner's objections thereto (docket no. 18), IT IS HEREBY ORDERED that:

1. the Commissioner's objections are OVERRULED;

2. the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa is APPROVED AND ADOPTED;

3. plaintiff's motion for summary judgment is GRANTED IN PART AND DENIED IN PART;and

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

20100127

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