Rivera v. Astrue

Full title: JULIAN RIVERA v. MICHAEL J. ASTRUE, Commissioner of Social Security

Court: United States District Court, E.D. Pennsylvania

Date published: Sep 10, 2009

CIVIL ACTION NO. 08-4551 (E.D. Pa. Sep. 10, 2009)

Opinion

CIVIL ACTION NO. 08-4551.

September 10, 2009

ORDER

JOHN FULLAM, Senior District Judge

AND NOW, this 10^th day of September, 2009, upon careful and independent consideration, the record reveals that the Commissioner did not apply correct legal standards and the Record does not contain substantial evidence to support the ALJ's findings of fact and conclusions of law. As a result, this action must be remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g). Therefore, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED AND ADOPTED;

2. Judgment is entered REVERSING the decision of the Commissioner of Social Security for the purposes of this remand only and the relief sought by Plaintiff is GRANTED to the extent that the matter is REMANDED for further proceedings consistent with this adjudication;

3. The Clerk of Court is hereby directed to mark this case closed.