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Holmes v. Astrue

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


April 28, 2010

JOYCE E. HOLMES, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

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

Order

AND NOW, this 28th day of April, 2010, upon consideration of plaintiff's Request for Review and the Commissioner's Response, and after careful and independent review of the magistrate judge's Report and Recommendation, plaintiff's objections thereto, and the Commissioner's response to objections, it is hereby ORDERED that:

1. Plaintiff's objections are SUSTAINED as to the Administrative Law Judge's consideration of obesity and of plaintiff's residual functional capacity, and OVERRULED as to all other objections.

2. The recommendations of the United States Magistrate Judge are REJECTED.

3. The matter is REMANDED to the Commissioner of the Social Security Administration for further proceedings consistent with the accompanying memorandum.

William H. Yohn Jr., Judge

20100428

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