SHEMELLA v. ASTRUE
Filing
14
ORDER THAT THE REPORT AND RECOMMENDATIONS ARE APPROVED AND ADOPTED. THE FINAL DECISION OF THE COMMISSIONER DENYING DISABILITY BENEFITS TO PLAINTIFF IS VACATED; THE MATTER IS REMANDED TO THE COMMISSIONER PURSUANT TO SENTENCE FOUR OF 42 USC SECTION 405 (g) FOR FURTHER PROCEEDINGS CONSISTENT WITH THE MAGISTRATE JUDGE'S REPORT; AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR ALL PURPOSES, INCLUDING STATISTICS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 8/15/13. 8/16/13 ENTERED & E-MAILED.(fdc)
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TRINA NOEL SHEMELLA,
Plaintiff,
v.
CAROLYN W. COLVIN, 1
Defendant
:
:
:
:
:
:
CIVIL ACTION
NO. 12-3611
ORDER
AND NOW, this 15th day of August, 2013, upon independent review of the brief in
support of review filed by Plaintiff (Docket No. 8), Defendant’s response thereto (Docket No.
10), and Plaintiff’s reply (Docket No. 11), and the administrative record, and after careful
consideration of the Report and Recommendation of United States Magistrate Judge David R.
Strawbridge, it is hereby ORDERED that:
1. The Report and Recommendation are APPROVED and ADOPTED;
2. The final decision of the Commissioner denying disability benefits to Plaintiff is
VACATED;
3. The matter is REMANDED to the Commissioner pursuant to Sentence Four of 42
U.S.C. § 405(g) for further proceedings consistent with the Magistrate Judge’s
Report; and
4. The Clerk of the Court shall mark this case CLOSED for all purposes, including
statistics.
BY THE COURT:
S/Gene E.K. Pratter
GENE E.K. PRATTER
UNITED STATES DISTRICT JUDGE
1
Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, she is substituted for Michael J. Astrue as
the defendant in this case. No further action need be taken to continue this suit by reason of the last
sentence of § 205(g) of the Social Security Act, 42 U.S.C. § 405(g).
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