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Patricia D. Doman v. Commissioner of Social Security

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


February 23, 2012

PATRICIA D. DOMAN, PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

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

ORDER

AND NOW, this 23rd day of February, 2012, upon consideration of plaintiff's Complaint requesting review of an adverse decision of the Commissioner (Document No. 3, filed April 9, 2010), defendant's Answer (Document No. 9, filed August 19, 2010), Plaintiff's Motion for Summary Judgment (Document No. 16, filed January 7, 2011), and Defendant's Response to Request for Review by Plaintiff (Document No. 17, filed February 8, 2011); and after review of the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey (Document No. 19, filed November 16, 2011), Defendant's Objections to the Report and Recommendation of the United States Magistrate Judge (Document No. 20, filed November 30, 2011), and the record in this case, for the reasons set forth in the Memorandum dated February 23, 2012, IT IS ORDERED as follows:

1. The Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey dated November 16, 2011, is APPROVED AND ADOPTED;

2. Plaintiff's Motion for Summary Judgment is GRANTED to the extent it seeks remand to the Commissioner on the issue of plaintiff's entitlement to SSI after December 31, 2006.

Plaintiff's Motion for Summary Judgment is DENIED in all other respects;

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 November 16, 2011.

BY THE COURT:

Hon. Jan E. DuBois

20120223

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