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Fawn Rittenhouse v. Michael Astrue

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


May 20, 2011

FAWN RITTENHOUSE,
PLAINTIFF ,
v.
MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT .

The opinion of the court was delivered by: Gene E.K. Pratter U Nited S Tates D Istrict J Udge

ORDER

AND NOW , this 18 th day of May, 2011, upon independent review of Plaintiff Fawn Rittenhouse's Brief and Statement of Issues in Support of Request for Review (Docket No. 5), Commissioner's Response to the Request for Review (Docket No. 9), Ms. Rittenhouse's Reply to the Response (Docket No. 10), and the administrative record, and after careful consideration of the Report & Recommendation ("R & R") of U.S. Magistrate Judge Thomas Reuter (Docket No.

11), the Commissioner's Objections thereto (Docket No. 12) and Ms. Rittenhouse's Response to those Objections (Docket No. 13), it is hereby ORDERED that:

1. Magistrate Judge Reuter's R & R is APPROVED and ADOPTED ;

2. The Commissioner's Objections thereto are OVERRULED ; *fn1

3. 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 U.S. Magistrate Judge Thomas Rueter's Report & Recommendation.

4. Judgment is entered in favor of Ms. Rittenhouse, reversing the decision of the Commissioner for the purpose of this remand only. The Clerk of the Court shall mark this case CLOSED for all purposes, including statistics.

BY THE COURT:

Gene E.K. Pratter


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