LYTLE v. ASTRUE

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATION 23 Report and Recommendation; GRANTING 22 Motion to Remand filed by MICHAEL J ASTRUE. Signed by CHIEF JUDGE STEPHAN P MICKLE on 10/02/2009. The Clerk is directed to enter final judgment reversing the Commissioners decision to deny benefits. The Plaintiffs application is remanded to the Commissioner for rehearing pursuant to sentence four of 42 U.S.C. § 405(g). (kdm)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION DEBORAH S. LYTLE, Plaintiff, vs. MICHAEL J. ASTRUE, Defendant. ___________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION THIS CAUSE comes before the court upon the Magistrate Judge's Report and Recommendation (doc. 23), which recommends that the Defendant's Unopposed Motion to Remand (doc. 22) be granted. Plaintiff 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, it is hereby ORDERED AND ADJUDGED as follows: 1. The Magistrate Judge's Report and Recommendation (doc. 23) is adopted and incorporated by reference in this order. 2. The Clerk is directed to enter final judgment reversing the Commissioner's decision to deny benefits. 3. The Plaintiff's application is remanded to the Commissioner for CASE NO.: 5:08-cv-315-SPM-WCS

rehearing pursuant to sentence four of 42 U.S.C. § 405(g). DONE AND ORDERED this second day of October, 2009.

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