O'NEAL v. ASTRUE

Filing 29

ORDER ADOPTING 27 REPORT AND RECOMMENDATION The Commissioner's decision is reversed. Pursuant to sentence four of 42 U.S.C. § 405(g)the Commissioner is ordered to remand this case to the Administrative Law Judge for further proceedings consistent with the report and recommendation. Signed by JUDGE RICHARD SMOAK on 2/2/2010. (sea)

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

MICHAEL DAVID O'NEAL, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security Administration, Defendant. __________________________________/ ORDER Before me is the Magistrate Judge's Report and Recommendation (Doc. 27). No objections have been filed. IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is approved and incorporated in this Order. 2. The decision of the Commissioner is reversed. Pursuant to sentence four of 42 U.S.C. §405(g) the Commissioner is ordered to remand this case to the Administrative Law Judge for further proceedings consistent with the Report and Recommendation. 3. The clerk is directed to close the file. CASE NO. 5:08cv332/RS-EMT

ORDERED on February 2, 2010.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE