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Dolores E. Jennings, Jr v. Michael J. Astrue

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


January 31, 2011

DOLORES E. JENNINGS, JR., PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Hon. Cynthia M. Rufe

ORDER

AND NOW, this 31st day of January 2011, upon consideration of Plaintiff's request for review [doc. no. 5], Defendant's response thereto [doc. no. 8], United States Magistrate David Strawbridge's Report & Recommendation [doc. no. 9], Plaintiff's Objections thereto [doc. no. 10], Defendant's Response [doc. no. 11], and a review of the record in the above-captioned matter, and for the reasons set forth in the attached Memorandum Opinion, it is hereby ORDERED that:

1. The Report and Recommendation is ADOPTED in part and REJECTED in part; and,

2. Plaintiff's Objections are SUSTAINED; and,

3. The decision of the Commissioner is REVERSED; and

4. Judgment is entered for the PLAINTIFF; and,

5. The matter is REMANDED to the Commissioner solely for the calculation of disability insurance benefits; and,

6. The Clerk of Court is DIRECTED to mark this case as CLOSED. It is so ORDERED.

BY THE COURT:

Cynthia M. Rufe

20110131

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