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Tung Thinh Lam v. Michael Astrue

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


May 17, 2011

TUNG THINH LAM,
PLAINTIFF,
v.
MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Gene E.K. Pratter United States District Judge

ORDER

AND NOW, this 13th day of May, 2011, upon independent review of Plaintiff Tung Thinh Lam's Brief and Statement of Issues in Support of Request for Review (Docket No. 9), Defendant's Response to Mr. Lam's Request for Review (Docket No. 10), Mr. Lam's Reply to the Response (Docket No. 11), and the administrative record, and after careful consideration of the Report & Recommendation of U.S. Magistrate Judge David Strawbridge (Docket No. 13), it is hereby ORDERED that:

1. The Report & Recommendation is APPROVED and ADOPTED;

2. The final decision of the Commissioner denying disability benefits to Mr. Lam is VACATED; and

3. This matter is REMANDED to the Commissioner pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings consistent with the Magistrate Judge's Report.

BY THE COURT:

Gene E.K. Pratter

20110517

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