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Erin M. Whittle v. Michael J. Astrue

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


May 8, 2012

ERIN M. WHITTLE,
PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, DEFENDANT.

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

ORDER

AND NOW, this 8th day of May, 2012, upon consideration of the Plaintiff's Brief and Statement of Issues in Support of Request for Review (Doc. No. 10), Defendant's Response to Request for Review of Plaintiff (Doc. No. 12), and Plaintiff's Reply (Doc. No. 13), and after careful review of the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey (Doc. No.14), as well as the Plaintiff's Objections thereto (Doc. No. 15), to which no defense response was filed, IT IS HEREBY ORDERED as follows:

1. Plaintiff's Objections are OVERRULED.*fn1

2. The Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey is APPROVED AND ADOPTED as modified with the clarification that this case is remanded to the Commissioner with the instruction to consider, based upon the entirety of the record, the issues and evidence that the R&R identified as being inadequately addressed.*fn2

3. Plaintiff's request for relief (Doc. No. 10) is GRANTED insofar that the final decision of the Commissioner shall be REVERSED and the case shall be REMANDED to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendation, as modified by this Order.

4. The Clerk of Court shall mark this case CLOSED for all purposes, including statistics.

BY THE COURT:

Gene E.K. Pratter


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