ADKINS v. ASTRUE

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATION 22 Report and Recommendation. Signed by JUDGE STEPHAN P MICKLE on 12/05/2008. Pursuant to sentence four of 42 U.S.C. § 405(g), the decision of the Commissioner to deny Plaintiffs application for Social Security benefits is reversed and this case is remanded to the Commissioner to enter a finding of total disability and award disability benefits. The clerk shall close this case. (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION GLORIA R. ADKINS, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant. ____________________________/ ORDER THIS CAUSE comes for consideration upon the magistrate judge's report and recommendation dated October 31, 2008 (doc. 22). 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. 22) is CASE NO.: 5:07cv238-SPM/EMT

adopted and incorporated by reference in this order. 2. Pursuant to sentence four of 42 U.S.C. § 405(g), the decision of the

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Commissioner to deny Plaintiff's application for Social Security benefits is reversed and this case is remanded to the Commissioner to enter a finding of total disability and award disability benefits. 3. The clerk shall close this case.

DONE AND ORDERED this 5th day of December, 2008.

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

CASE NO.: 5:07cv238-SPM/EMT