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Christina Cunningham v. Michael J. Astrue

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


December 9, 2010

CHRISTINA CUNNINGHAM, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Joel H. Slomsky, J.

ORDER

AND NOW, this 9th day of December 2010, upon consideration of Plaintiff's Brief and Statement of Issues In Support of Request For Review (Doc. No. 10), Defendant's Response to Plaintiff's Request For Review (Doc. No. 11), and after a review of the Report and Recommendation filed by United States Magistrate Judge Timothy R. Rice (Doc. No. 14), it is ORDERED as follows:

1. The Report and Recommendation (Doc. No. 14) is APPROVED and ADOPTED.

2. Plaintiff's Request For Review is GRANTED, and the decision of the Commissioner of the Social Security Administration is REVERSED to the extent that the matter is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with United States Magistrate Judge Timothy R. Rice's Report and Recommendation (Doc. No. 14).

3. Judgment is entered in favor of Plaintiff, reversing the decision of the Commissioner for the purpose of this remand only.

BY THE COURT:

20101209

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