BRINK v. COMMISSIONER OF SOCIAL SECURITY

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

LUCILLE M. BRINK, : CIVIL ACTION Plaintiff, : : v. : : ANDREW SAUL, : Commissioner of Social Security, : Defendant. : NO. 19-2350

ORDER AND NOW, this 26th day of February, 2020, upon consideration of Plaintiff’s Brief and Statement of Issues in Support of Request for Review (Doc. 12), defendant’s Response to Request for Review of Plaintiff (Doc. 13), and plaintiff’s reply thereto (Doc. 15), defendant’s Motion to Stay (Doc. 14), and the decision of the United States Court of Appeals for the Third Circuit in Cirko v. Commissioner of Social Security and Bizarre v. Commissioner of Social Security, __ F.3d __, 2020 WL 370832 (3d Cir. Jan. 23, 2020), it is hereby ORDERED that: 1. Plaintiff’s Request for Review is GRANTED, and the decision of the Commissioner of the Social Security Administration is Reversed to the extent that the matter if REMANDED to the Commissioner under sentence four of 42 U.S.C. §405(g) for further proceedings consistent with the Memorandum Opinion;

2. Commissioner’s Motion to Stay (Doc. 14) is DENIED AS MOOT;

3. Judgment is entered in favor of plaintiff, reversing the decision of the Commissioner for the purpose of this remand only; and

4. The Clerk of Court is directed to mark this case as CLOSED.

BY THE COURT:

/S LINDA K. CARACAPPA __ LINDA K. CARACAPPA UNITED STATES MAGISTRATE JUDGE