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Small v. Astrue

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


November 1, 2010

MICHAEL V. SMALL, 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 1st day of November, 2010, after careful review and independent consideration of Plaintiff's Brief and Statement of Issues in Support of Request for Review (Document No. 14, filed February 25, 2010), Defendant's Response to Request for Review of Plaintiff (Document No. 15, filed March 29, 2010), Plaintiff's Reply to Defendant's Response Opposing Plaintiff's Request for Review (Document No. 19, filed April 20, 2010), the record in this case, and the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa dated September 30, 2010 (Document No. 20), no objections having been filed, and good cause appearing, IT IS ORDERED as follows:

1. The Report and Recommendation of United States Magistrate Judge Linda K. Caracappa dated September 30, 2010, is APPROVED and ADOPTED;

2. Plaintiff's Request for Review is GRANTED IN PART and DENIED IN PART, as follows:

a. That part of the Request for Review in which plaintiff seeks a finding of disability from April 1, 2001, though December 31, 2003, is GRANTED.

b. Plaintiff's Request for Review is DENIED in all other respects; and,

3. The case is REMANDED to the Commissioner of the Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g) for the purpose of calculating benefits for the closed period April 1, 2001, through December 31, 2003.

20101101

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