RAINES v. ASTRUE

Filing 23

ORDER granting 19 Motion to Remand; adopting Report and Recommendations re 20 Report and Recommendation. Defendant's Motion To Remand 19 is granted, and the Commissioner's decision denying benefits is reversed. This case is remanded to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. §405(g), and Defendant is ordered to conduct proceedings in accordance with the Report and Recommendation 20 . Signed by JUDGE RICHARD SMOAK on 6/24/2009. (jcw)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

MILDRED RAINES, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. _______________________________________/ ORDER Before me is the Magistrate Judge's Report and Recommendation (Doc. 20). No objections have been filed. IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is approved and incorporated in this Order. 2. Defendant's Motion To Remand (Doc. 19) is granted, and the Commissioner's decision denying benefits is reversed. 3. This case is remanded to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. §405(g), and Defendant is ordered to conduct proceedings in accordance with the Report and Recommendation (Doc. 20). CASE NO. 5:08cv325/RS-EMT

4.

The clerk is directed to enter final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure and to administratively close the file.

ORDERED on June 24, 2009.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE