STOLZFUS v. BERRYHILL, No. 5:2016cv06308 - Document 16 (E.D. Pa. 2019)

Court Description: MEMORANDUM OPINION ORDER THAT THE CLERK IS DIRECTED TO REMOVE THE CASE FROM SUSPENSE. THE OBJECTIONS TO THE REPORT AND RECOMMENDATION ARE SUSTAINED IN PART. THE REPORT AND RECOMMENDATION IS APPROVED IN PART AND REJECTED IN PART AS SET FORTH IN THE ME MORANDUM OPINION. THE PLAINTIFF'S REQUEST FOR REVERSAL IS GRANTED. THE CASE IS REMANDED TO THE COMMISSIONER FOR FURTHER REVIEW CONSISTENT WITH THE REPORT AND RECOMMENDATION. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 4/26/2019. 5/2/2019 ENTERED AND COPIES E-MAILED.(amas)
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STOLZFUS v. BERRYHILL Doc. 16 IN THE UNITED STATES COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CHRISTINA STOLTZFUS Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security Defendant. : : : : : : : : CIVIL ACTION NO. 16-6308 ORDER AND NOW, this 26th day of April 2019, upon consideration of the administrative record, Plaintiff’s request for review, Defendant’s response, Plaintiff’s reply, the Report and Recommendation of United States Magistrate Judge David R. Strawbridge, and the objections to the Report and Recommendation, it is hereby ORDERED that: 1. The Clerk is directed to REMOVE the case from Civil Suspense; 2. The Objections to the Report and Recommendation are SUSTAINED in part; 3. The Report and Recommendation is APPROVED IN PART and REJECTED IN PART as set forth in the accompanying Memorandum Opinion; 4. The Plaintiff’s request for reversal is GRANTED; and 5. The case is REMANDED to the Commissioner for further review consistent with the Report and Recommendation and the accompanying Memorandum Opinion pursuant to the fourth sentence of 42 U.S.C. § 405(g). It is so ORDERED. BY THE COURT: /s/ Cynthia M. Rufe _____________________ CYNTHIA M. RUFE, J. Dockets.Justia.com