NELSON O/B/O BRL v. ASTRUE

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION 18 Report and Recommendation; GRANTING 17 Motion to Remand filed by MICHAEL J ASTRUE. Signed by CHIEF JUDGE STEPHAN P MICKLE on 8/05/2009. The clerk shall enter final judgment reversing the Commissioners decision to deny benefits. The application is remanded to the Commissioner for rehearing pursuant to sentence four of 42 U.S.C. § 405(g). (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION GERTRUDE NELSON, o/b/o B.R.L., a minor child, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, Defendant. ____________________________/ ORDER THIS CAUSE comes for consideration upon the magistrate judge's report and recommendation dated June 30, 2009 (doc. 18). Each party has been furnished a copy and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the report and recommendation, I have determined that the report and recommendation should be adopted. Accordingly, it is hereby ORDERED as follows: 1. The magistrate judge's report and recommendation (doc. 18) is CASE NO.: 4:08cv535-SPM/WCS

adopted and incorporated by reference in this order.

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2. granted. 3.

Defendant's motion for entry of judgment and remand (doc. 17) is

The clerk shall enter final judgment reversing the Commissioner's

decision to deny benefits. 4. The application is remanded to the Commissioner for rehearing

pursuant to sentence four of 42 U.S.C. § 405(g). DONE AND ORDERED this 5th day of August, 2009.

s/ Stephan P. Mickle
Stephan P. Mickle Chief United States District Judge

CASE NO.: 4:08cv535-SPM/WCS