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Daniel Hagan v. Michael J. Astrue

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


March 3, 2011

DANIEL HAGAN,
PLAINTIFF
v.
MICHAEL J. ASTRUE, COMMISSIONER OF THE SOCIAL ) SECURITY ADMINISTRATION, DEFENDANT AND
SOCIAL SECURITY ADMINISTRATION
INTERESTED PARTY

The opinion of the court was delivered by: James Knoll Gardner United States District Judge

ORDER

NOW, this 3 rd day of March, 2011, upon consideration of the following documents:

(1) Decision of Administrative Law Judge Sherman S. Poland dated July 23, 2007;

(2) Complaint filed October 23, 2009 (Document 3);

(3) Answer filed January 13, 2010 (Document 6);

(4) Plaintiff's Motion for Summary Judgment/Request for Review or, in the Alternative, Plaintiff's Motion for Remand filed February 26, 2010 (Document 7);

(5) Plaintiff's Brief and Statement of Issues in Support of Request for Review, which brief and statement of issues was filed February 26, 2010 (Document 7);

(6) Defendant's Response to Request for Review of Plaintiff, which response was filed March 30, 2010 (Document 8);

(7) Plaintiff's Reply Brief filed April 7, 2010 (Document 9); and

(8) Report and Recommendation of Chief United States Magistrate Judge Thomas J. Rueter filed July 27, 2010 (Document 11);

after a thorough review of the record in this matter; it appearing that neither party filed objections to Chief Magistrate Judge Rueter's Report and Recommendation; it further appearing that Chief Magistrate Judge Rueter's Report and Recommendation correctly determined the legal and factual issues presented in this case,

IT IS ORDERED that Magistrate Judge Rueter'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 plaintiff's motion for summary judgment is dismissed. *fn1

IT IS FURTHER ORDERED that Plaintiff's motion for remand is granted.

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

IT IS FURTHER ORDERED that the decision of the Commissioner dated July 23, 2007 and affirmed by the Appeals Council on July 31, 2009 which denied benefits to plaintiff Daniel Hagan is reversed.

IT IS FURTHER ORDERED that pursuant to sentence four of

42 U.S.C. § 405(g) this matter is remanded to the Commissioner for full development of the record in accordance Chief Magistrate Judge Rueter's Report and Recommendation. *fn2

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

BY THE COURT:


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