SAWYER v. BERRYHILL, No. 2:2017cv00644 - Document 24 (E.D. Pa. 2018)
Court Description: ORDER THAT THE REPORT AND RECOMMENDATION IS ADOPTED IN PART AND REJECTED IN PART AS SET FORTH IN THE ACCOMPANYING MEMORANDUM OPINION AS OUTLINED; THE CASE IS REMANDED TO THE COMMISSIONER PURSUANT TO FOURTH SENTENCE OF 42 U.S.C. SECTION 405(G) AND THE CLERK OF COURT SHALL CLOSE THIS MATTER STATISTICALLY. SIGNED BY HONORABLE WENDY BEETLESTONE ON 4/5/18. 4/6/18 ENTERED AND COPIES EMAILED TO COUNSEL.(jaa, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOHN SAWYER, CIVIL ACTION Plaintiff, v. NANCY A. BERRYHILL, SOCIAL SECURITY , Defendants. NO. 17-644 ORDER AND NOW, this 5th day of April, 2018, upon consideration of Plaintiff’s Motion for Summary Judgment (ECF Nos. 11 & 12), Defendant’s Response in Opposition (ECF No. 13), Plaintiff’s Reply thereto (ECF No. 16), Magistrate Judge Hey’s Report and Recommendation (ECF No. 17), Plaintiff’s Objection’s to Magistrate Judge Hey’s Report and Recommendation (ECF No. 20), and Defendant’s Response thereto (ECF No. 21), IT IS ORDERED as follows: 1. The Report and Recommendation is ADOPTED IN PART and REJECTED IN PART as set forth in the accompanying Memorandum Opinion; 2. The relief sought by Plaintiff is GRANTED as described below; 3. The case is REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g), and, in accordance with the Report and Recommendation, “so that the Administrative Law Judge can include her finding that Plaintiff has moderate limitation in maintaining concentration, persistence or pace when determining Plaintiff’s residual functional capacity at steps four and five of the sequential evaluation process.” 4. The Clerk of Court shall CLOSE this matter statistically. BY THE COURT: /s/Wendy Beetlestone, J. _______________________________ WENDY BEETLESTONE, J.
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