Lackey v. Social Security Administration Commissioner

Filing 18

ORDER ADOPTING 17 Report and Recommendations IN ITS ENTIRETY; GRANTING 16 Motion to Remand, REVERSING the decision of the ALJ and the case is REMANDED to the Commissioner for further consideration pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Honorable Timothy L. Brooks on June 3, 2024. (lgd)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION DESMOND LACKEY V. PLAINTIFF CASE NO. 5:24-CV-5002 COMMISSIONER, SOCIAL SECURITY ADMINISTRATION DEFENDANT ORDER Comes on for consideration the Report and Recommendation (Doc. 17) filed in this case today by the Honorable Christy Comstock, United States Magistrate Judge for the Western District of Arkansas. The Commissioner filed an unopposed motion requesting that the Plaintiff’s case be remanded pursuant to sentence four of Section 405(g) in order to conduct further administrative proceedings. The Magistrate Judge recommends granting the motion. Under the circumstances, it is not necessary for the Court to allow the objection deadline to expire, as it is clear neither party will object to the recommended relief. IT IS THEREFORE ORDERED that the Report and Recommendation is proper and is ADOPTED IN ITS ENTIRETY. Accordingly, the Unopposed Motion to Remand (Doc. 16) is GRANTED, the decision of the ALJ is REVERSED, and this case is REMANDED to the Commissioner for further consideration pursuant to sentence four of 42 U.S.C. § 405(g). IT IS SO ORDERED on this 3rd day of June, 2024. /s/ Timothy L. Brooks TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE

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