McClelland vs. Social Security Commissioner

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS AND REMANDING CASE TO US AGENCY pursuant to sentence six of 42 U.S.C.§ 405(g). (Copy to ALJ and OHA) Signed by Honorable Jimm Larry Hendren on May 8, 2009. (src)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION ROBERT J. MCCLELLAND v. Civil No. 08-5070 DEFENDANT PLAINTIFF

MICHAEL J. ASTRUE, Commissioner Social Security Administration ORDER

Now on this 8th day of May, 2009, comes on for consideration the Report and Recommendation issued by the Honorable James R. Marschewski, United States Magistrate Judge for the Western The

District of Arkansas on October 15, 2008.

(Doc. 17.)

Magistrate Judge recommended remanding the matter pursuant to sentence six of 42 U.S.C. § 405(g), as plaintiff's claim file and the recording of the hearing before the ALJ could not be located. Plaintiff filed Objections to the Report and Recommendation and a Motion for Interim Benefits and Preference Upon Remand. (Docs. 19, 21.) Magistrate Judge. The latter motion was referred back to the On April 17, 2009, the Magistrate Judge issued

a Report and Recommendation recommending that the motion for interim benefits and preference upon remand be denied. Plaintiff

has not filed any objections to this Report and Recommendation. The Court has reviewed this case de novo and, being well and sufficiently advised, finds as follows: * Plaintiff's objections offer neither law nor fact

requiring departure from the Report and Recommendation (Doc. 17)

issued on October 15, 2008, and the same should be, and it hereby is, adopted in toto. Accordingly, this matter is remanded to the Commissioner for further administrative action pursuant to sentence six of 42 U.S.C. § 405(g). * The Report and Recommendation (Doc. 25) issued on April

17, 2009, is proper and is hereby adopted in its entirety. Accordingly, plaintiff's Motion for Interim Benefits and Preference Upon Remand (Doc. 19) is hereby DENIED. IT IS SO ORDERED.

/S/JIMM LARRY HENDREN JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

-2-