Opinion
CIVIL ACTION NO. 3:11-CV-1522
03-26-2013
RICHARD BERNARD, Plaintiff, v. MICHAEL J. ASTRUE, Defendant.
(JUDGE CONABOY)
(Magistrate Judge Carlson)
ORDER
Because Magistrate Judge Martin C. Carlson recommends that Plaintiff's claims for Disability Insurance Benefits be remanded to the Commissioner of Social Security with instructions that Plaintiff's claims be reconsidered (Doc. 18); and
Because, Defendant waived the opportunity to object (Doc. 19);
Because Plaintiff's counsel advised the Court that she does not intend to file objections (Doc. 20).
NOW, THEREFORE, THIS 24th DAY OF MARCH 2013, IT IS HEREBY ORDERED THAT:
1. The Magistrate Judge's Report and Recommendation (Doc. 18) is ADOPTED;
2. Pursuant to the fourth sentence of 42 U.S.C. § 405(g), this matter is REMANDED to the Commissioner of Social Security for further consideration consistent with Magistrate Judge Carlson's Report and Recommendation;
3. The Clerk of Court is directed to enter judgment in accordance with this Order and to mark the matter in this Court CLOSED.
The fourth sentence of 42 U.S.C. § 405(g) provides that "[t]he courts shall have the power to enter, upon the pleadings and transcripts of the record, a judgment affirming, modifying or reversing the decision of the Commissioner of Social Security with or without remanding the cause for a re-hearing." Accordingly, the Clerk of Court will be directed to enter judgment in accordance with this Order. See Kadelski v. Sullivan, 30 F.3d 399 (3d Cir. 1994).
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RICHARD P. CONABOY
United States District Judge