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Range v. Astrue

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


March 24, 2010

TALEAH S. RANGE, 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 24 th day of March, 2010, upon consideration of the following documents:

(1) Plaintiff's Brief and Statement of Issues in Support of Request for Review, which brief was filed March 4, 2009 (Document 9);

(2) Defendant's Response to Request for Review by Plaintiff, which response was filed April 1, 2009 (Document 10);

(3) Plaintiff's Reply Brief filed April 20, 2009 (Document 11);

(4) Report and Recommendation of United States Magistrate Judge David R. Strawbridge filed August 6, 2009 ("R&R") (Document 13);

(5) Defendant's Objections to Report and Recommendation, which objections were filed August 19, 2009 (Document 14);

(6) Plaintiff's Response to Defendant's Objections to Magistrate Judge's Report and Recommendation, which response was filed September 2, 2009 (Document 15);

(7) plaintiff's Complaint filed October 20, 2008 (Document 3);

(8) defendant's Answer filed January 15, 2009 (Document 7); and

(9) record of the proceeding before the Administrative Law Judge ("ALJ");

and after a thorough de novo review of the record in this matter; it appearing that defendant's objections to Magistrate Judge Strawbridge's Report and Recommendation are a restatement of the issues raised in his response to plaintiff's request for review, and are without merit; it further appearing that Magistrate Judge Strawbridge's Report and Recommendation correctly determined the legal issues presented in this case,

IT IS ORDERED that Magistrate Judge Strawbridge'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 defendant's objections to the Report and Recommendation are overruled.*fn1

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

IT IS FURTHER ORDERED that the decision of the Commissioner dated April 15, 2008 and affirmed by the Appeals Council on August 8, 2008 which denied benefits to plaintiff Taleah S. Range is reversed.

IT IS FURTHER ORDERED that the decision of the Commissioner is vacated, and pursuant to sentence four of 42 U.S.C. § 405(g) this matter is remanded to the Commissioner for further proceedings consistent with Magistrate Judge Strawbridge's Report and Recommendation.*fn2

IT IS FURTHER ORDERED that the Clerk of Court shall close this civil action for statistical purposes.

BY THE COURT:


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