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Sheila A. Callahan v. Michael J. Astrue

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


November 7, 2011

SHEILA A. CALLAHAN, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Jan E. Dubois, J.

ORDER

AND NOW, this 7th day of November, 2011, upon consideration of plaintiff's Complaint requesting review of an adverse decision of the Commissioner dated August 13, 2008 (Document No. 1, filed May 12, 2010), Plaintiff's Brief and Statement of Issues in Support of Her Request for Review (Document No. 7, filed September 16, 2010), Defendant's Response to Request for Review of Plaintiff (Document No. 9, filed October 21, 2010), and Plaintiff's Reply to Defendant's Response to Request for Review of Plaintiff (Document No. 10, filed October 29, 2010); and after review of the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey (Document No. 13, filed September 26, 2011), Defendant's Objections to the Report and Recommendation of the United States Magistrate Judge (Document No. 14, filed October 7, 2011), and Plaintiff's Response to Defendant's Objections to the Report and Recommendation of the United States Magistrate Judge (Document No. 15, filed October 11, 2011), for the reasons set forth in the Memorandum dated November 7, 2011, IT IS ORDERED as follows:

1. The Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey is APPROVED AND ADOPTED as modified by the Memorandum dated November 7, 2011;

2. Plaintiff's Request for Review of the adverse decision of the Commissioner of Social Security dated August 13, 2008, is GRANTED;

3. Defendant's Objections to the Report and Recommendation of the United States Magistrate Judge are OVERRULED; and

4. The case is REMANDED to the Commissioner of Social Security pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey dated September 26, 2011.

BY THE COURT:

Hon. Jan E. DuBois

20111107

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