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Diluigi v. Astrue

United States District Court, E.D. Pennsylvania
Apr 2, 2009
CIVIL ACTION No. 08-645 (E.D. Pa. Apr. 2, 2009)

Opinion

CIVIL ACTION No. 08-645.

April 2, 2009


ORDER


AND NOW, this 2 day of April, 2009, after review of the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED.
2. The final decision of the Commissioner denying disability benefits to Roxanne DiLuigi is VACATED; and
3. The matter is REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings consistent with Judge Hey's Report and Recommendation, in particular Judge Hey's instruction that the Commissioner "act on an expedited basis in further addressing the question of substantial gainful activity at step one and, if necessary, in proceeding to consider the remaining steps of the five-step evaluation process."

Because the remand is pursuant to sentence four of § 405(g), a separate judgment shall also be entered. See Kadelski v. Sullivan, 30 F.3d 399, 402 (3d Cir. 1994); Shalala v. Schaefer, 509 U.S. 292, 296-98 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 101-02 (1991).

JUDGMENT

AND NOW, this 2 day of April, 2009, in accordance with Kadelski v. Sullivan, 30 F.3d 399 (3d Cir. 1994), and Rule 58 of the Federal Rules of Civil Procedure, it is hereby ORDERED that JUDGMENT is entered VACATING the final decision of the Commissioner of Social Security and REMANDING this action to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings consistent with my Order of today.


Summaries of

Diluigi v. Astrue

United States District Court, E.D. Pennsylvania
Apr 2, 2009
CIVIL ACTION No. 08-645 (E.D. Pa. Apr. 2, 2009)
Case details for

Diluigi v. Astrue

Case Details

Full title:ROXANNE DILUIGI, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

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

Date published: Apr 2, 2009

Citations

CIVIL ACTION No. 08-645 (E.D. Pa. Apr. 2, 2009)