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Cassler v. Colvin

United States District Court, E.D. Pennsylvania

August 28, 2014

KYLE CASSLER, Plaintiff
v.
CAROLYN W. COLVIN[1], Acting Commissioner of the Social Security Administration Defendant SOCIAL SECURITY ADMINISTRATION Interested Party

ORDER

JAMES KNOLL GARDNER, District Judge

NOW, this 28th day of August, 2014, upon consideration of the following documents:

(1) Decision of Administrative Law Judge Kenneth Bryant dated February 8, 2011[2];
(2) Complaint filed October 2, 2012;
(3) Answer filed March 27, 2013;
(4) Plaintiff's Brief and Statement of Issues is Support of Request for Review, which brief was filed May 15, 2013;
(5) Defendant's Response to Request for Review of Plaintiff, which response was filed June 17, 2013;
(6) Plaintiff's Reply Brief filed June 29, 2013; and
(7) Report and Recommendation of United States Magistrate Judge Timothy R. Rice dated May 14, 2014 and filed May 15, 2014;

after a thorough review of the record in this matter; it appearing that neither party filed objections to Magistrate Judge Rice's Report and Recommendation; it further appearing that Magistrate Judge Rice's Report and Recommendation correctly determined the legal and factual issues presented in this case,

IT IS ORDERED that the Report and Recommendation of Magistrate Judge Rice is approved and adopted.

IT IS FURTHER ORDERED that plaintiff's request for review is granted.

IT IS FURTHER ORDERED that judgment is entered in favor of plaintiff Kyle Cassler and against defendant Carolyn W. Colvin, Acting Commissioner of the Social Security Administra-tion.

IT IS FURTHER ORDERED that the decision of the Commissioner dated February 8, 2011 and affirmed by the Appeals Council on July 27, 2012 is reversed.

IT IS FURTHER ORDERED that, pursuant to sentence four of 42 U.S.C. ยง 405(g), this matter is remanded to the Acting Commissioner for further review consistent with Magistrate Judge Rice's Report and Recommendation.

IT IS FURTHER ORDERED that, pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, the Clerk of Court shall substitute Carolyn W. Colvin, Acting Commissioner of Social Security, for Michael J. Astrue, Commissioner of Social Security, as the defendant in this matter.

IT IS FURTHER ORDERED that the Clerk of Court shall mark this case closed for statistical purposes.


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