IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
September 7, 2011
FRANK PETER DIGIOVANNANGELO,
MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY.
The opinion of the court was delivered by: Joel H. Slomsky, J.
AND NOW, this 7th day of September 2011, upon consideration of Plaintiff's Motion in Support of Request for Review (Doc. No. 7), Defendant's Response to Request for Review of Plaintiff (Doc. No. 8), and Plaintiff's Reply (Doc. No. 9), and after a review of the Report and Recommendation of United States Magistrate Judge Henry S. Perkin (Doc. No. 11), it is ORDERED that:
1. The Report and Recommendation (Doc. No. 11) is APPROVED and ADOPTED.
2. Plaintiff's Motion in Support of Request for Review (Doc. No. 7) is GRANTED and the decision of the Commissioner of the Social Security Administration is REVERSED to the extent that the case is REMANDED to the Commissioner pursuant to the fourth and sixth sentences of 42 U.S.C. 405(g) for further proceedings consistent with United States Magistrate Judge Henry S. Perkin's Report and Recommendation. Plaintiff's Motion in Support of Request for Review is DENIED in all other respects.
3. JUDGMENT IS ENTERED in favor of Plaintiff, reversing the decision of the Commissioner for the purpose of this remand only.
4. The Clerk of Court shall CLOSE this case.
BY THE COURT:
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