Cooper v. Astrue

Filing 18

ORDER that 1. The defendant's objection 17 to the Recommendation of the Magistrate Judge filed on April 28, 2011 is overruled; 2. The Recommendation of the Magistrate Judge 16 filed on April 18, 2011 is adopted; 3. The ALJ's decision is not supported by substantial evidence and proper application of the relevant law, and therefore, the decision of the Commissioner is REMANDED for further proceedings consistent with the Recommendation of the Magistrate Judge. Signed by Honorable Judge Mark E. Fuller on 6/3/2011. (jg, ) Copies mailed to SSA Chief Judge and Social Security Administration.

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
MARY COOPER, on behalf of O.K.,

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Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner
of Social Security,
Defendant.

CASE NO. 2:10-cv-197-MEF
WO

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1. The defendant's objection (Doc. #17) to the Recommendation of the Magistrate
Judge filed on April 28, 2011 is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #16) filed on April 18, 2011
is adopted;
3. The ALJ's decision is not supported by substantial evidence and proper application
of the relevant law, and therefore, the decision of the Commissioner is REMANDED for
further proceedings consistent with the Recommendation of the Magistrate Judge.
rd

DONE this the 3 day of June, 2011.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE