WILSON O/B/O JM v. ASTRUE

Filing 31

ORDER ADOPTING 30 REPORT AND RECOMMENDATION: GRANTING 29 Motion to Remand filed by MICHAEL J ASTRUE. Signed by CHIEF JUDGE STEPHAN P MICKLE on 2/24/2010. (jws)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION BEVERLY WILSON O/B/O JM, Plaintiff, vs. MICHAEL J. ASTRUE, Defendant. ___________________________/ CASE NO.: 5:09-cv-20-SPM-EMT

ORDER ADOPTING REPORT AND RECOMMENDATION THIS CAUSE comes before the court upon the Magistrate Judge's Report and Recommendation (doc. 30). The Parties have been furnished copies and have 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. 30) is adopted and incorporated by reference in this order. 2. 3. The Defendant's Motion to Remand (doc. 29) is hereby granted. The Clerk is directed to enter final judgment reversing the Commissioner's denial of benefits, and the application is remanded to the Commissioner for rehearing pursuant to sentence four of 42

U.S.C. § 405(g). DONE AND ORDERED this twenty-fourth day of February, 2010.

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