JOHN v. ASTRUE
Filing
16
ORDER ADOPTING Report and Recommendations re 15 Report and Recommendations. Signed by Judge Arthur J. Schwab on 07/02/13. (lck)
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
HENRY L. JOHN,
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Plaintiff,
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v.
CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
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)
)
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)
)
)
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Civil Action No. 12-1292
Judge Arthur J. Schwab
Magistrate Judge Lisa Pupo Lenihan
MEMORANDUM ORDER
The Plaintiffs complaint was received by the Clerk of Court on September 7,2012, and
referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in
accordance with the Magistrate Judges Act. 28 U.S.C. § 636(b)(1).
The Magistrate Judge's Report and Recommendation (ECF No. 15), filed on June 13,
2013, recommended that the Defendant's Motion for Summary Judgment (ECF No. 10) be
denied, that the Plaintiffs Motion for Summary Judgment (ECF No.8) be denied to the extent
that it requests an award of benefits, and that the Plaintiffs Motion for Summary Judgment be
granted to the extent that it seeks a vacatur of the decision of the Commissioner of Social
Security ("Commissioner"), and a remand for further administrative proceedings. Service was
made on all counsel of record. The parties were informed that, under the Magistrate Judges Act,
they had fourteen days to file written objections to the Report and Recommendation. 28 U.S.C.
§ 636(b)(l). No objections have been filed.
After review of the pleadings and documents contained in the record, together with the
Report and Recommendation, the following order is entered:
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AND NOW, this _ _ day of July, 2013,
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IT IS HEREBY ORDERED that the Defendant's Motion for Summary Judgment (ECF
No. lO) is DENIED.
IT IS FURTHER ORDERED that the Plaintiffs Motion for Summary Judgment (ECF
No.8) is DENIED to the extent that it requests an immediate award of benefits but GRANTED
to the extent that it seeks a vacatur of the Commissioner's decision, and a remand for further
administrative proceedings.
IT IS FURTHER ORDERED that the Commissioner's decision denying the Plaintiffs
applications for disability insurance benefits and supplemental security income benefits is
VACATED, and that the case is REMANDED for further consideration of the Plaintiffs
application.
IT IS FURTHER ORDERED that the Report and Recommendation of Magistrate
Judge Lenihan, dated June 13,2013, is adopted as the opinion of the Court.
sl Arthur 1. Schwab
Arthur J. Schwab
United States District Judge
cc:
All counsel of record
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