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Simpson v. Astrue

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


February 25, 2010

APRIL SIMPSON, PLAINTIFF
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT SOCIAL SECURITY ADMINISTRATION INTERESTED PARTY

The opinion of the court was delivered by: James Knoll Gardner United States District Judge

ORDER

NOW, this 25th day of February, 2010, upon consideration of the Brief and Statement of Issues in Support of Request for Review filed June 15, 2009; upon consideration of Defendant's Response to Plaintiff's Request for Review filed August 18, 2009; upon consideration of Plaintiff's Brief in Reply to Defendant's Brief in Response to Plaintiff's Request for Review filed August 28, 2009; upon consideration of the Report and Recommendation of Chief United States Magistrate Judge Thomas J. Rueter ("R&R") filed November 30, 2009; upon consideration of plaintiff's Complaint, defendant's Answer and after a thorough review of the record in this matter; it appearing that neither party filed objections to Chief Magistrate Judge Rueter's Report and Recommendation; it further appearing that Chief Magistrate Judge Rueter's Report and Recommendation correctly determined the legal and factual issues presented in this case,

IT IS ORDERED that Chief Magistrate Judge Rueter's Report and Recommendation is approved and adopted.

IT IS FURTHER ORDERED that plaintiff's request for review is granted.

IT IS FURTHER ORDERED that judgment is entered in favor of plaintiff April Simpson and against defendant Michael J. Astrue, Commissioner of the Social Security Administration.

IT IS FURTHER ORDERED that the decision of the Commissioner dated March 27, 2008 and affirmed by the Appeals Council on December 22, 2008 which denied benefits to plaintiff April Simpson is reversed.

IT IS FURTHER ORDERED that pursuant to sentence four of 42 U.S.C. § 405(g) this matter is remanded to the Commissioner for further proceedings consistent with Chief Magistrate Judge Rueter's Report and Recommendation.*fn1

IT IS FURTHER ORDERED that the Clerk of Court shall mark this case closed for statistical purposes.


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