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Neitz v. Colvin

United States District Court, Middle District of Pennsylvania

April 10, 2015

CHRISTINE E. NEITZ, Plaintiff
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant

ORDER

Christopher C. Conner, Chief Judge United States District Court

AND NOW, this 10th day of April, 2015, upon consideration of the report (Doc. 27) of Magistrate Judge Gerald B. Cohn, recommending the court vacate the decision of the administrative law judge ("ALJ") and remand the above-captioned matter for further proceedings with respect to the application for supplemental security income of plaintiff Christine E. Neitz, wherein Judge Cohn concludes that the ALJ's decision is not supported by substantial evidence, see 42 U.S.C. § 405(g) (requiring the ALJ's findings to be "supported by substantial evidence"), and specifically finds that the ALJ improperly rejected the opinion of plaintiff s treating physician, and that the ALJ's credibility determinations are unsupported, and it appearing that neither the plaintiff nor the Commissioner of Social Security ("Commissioner") has objected to the report, and that the Commissioner expressly waived the opportunity to do so, (see Doc. 28), and it further appearing that there is no clear error on the face of the record, [1] see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report (Doc. 27) of Magistrate Judge Cohn is ADOPTED.

2. The Clerk of Court shall enter judgment in favor of Christine Neitz and against the Commissioner as set forth in the following paragraph.

3. The Commissioner's decision denying Christine Neitz's application for supplemental security income is VACATED. This matter is REMANDED to the Commissioner with instructions to conduct a new administrative hearing, develop the record fully, and evaluate the evidence appropriately in accordance with this order and the report (Doc. 27) of Magistrate Judge Cohn.

4. The Clerk of Court is directed to CLOSE this case.


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