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)

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