Opinion
CIVIL ACTION NO. 11-7506
02-20-2013
VALERIE SOMMA, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant.
ORDER
AND NOW, this 20th day of February, 2013, upon consideration of Plaintiff's Motion for Summary Judgment or, In the Alternative, Plaintiff's Motion for Remand (Docket No. 9), and the Response of Defendant Commissioner to Plaintiff's Request for Review (Docket No. 13), and Plaintiff's Reply (Docket No. 14), and after review of the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa (Docket No. 15), to which no objections were filed, IT IS ORDERED that:
1. The Report and Recommendation (Docket No. 15) is APPROVED and ADOPTED;
2. Plaintiff's Motion (Docket No. 9) is GRANTED IN PART and DENIED IN PART;
3. The final decision of the Commissioner is REVERSED, and the matter is REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings consistent with the Report and Recommendation; and
4. The Clerk of the Court shall mark this case CLOSED for all purposes, including statistics.
BY THE COURT:
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Gene E.K. Pratter
United States District Judge