MILLS v. ASTRUE

Filing 23

ORDER ADOPTING 22 REPORT AND RECOMMENDATION, granting 21 Motion to Remand. 2. The Commissioner's Motion To Remand 21 is granted, and the Commissioner's decision denying benefits is reversed. 3. This case is remanded to the Commission of Social Security pursuant to sentence four of 42 U.S.C. §405(g).4. The Commissioner is ordered to direct the Administrative Law Judge to offer Plaintiff a new hearing, complete the administrative record as necessary, and issue a new decision, as set forth in the Report and Recommendation. 5. The clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 10/14/2010. (jcw)

MILLS v. ASTRUE

Doc. 23

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

SYLVIA C. MILLS, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security Administration, Defendant. __________________________________/ ORDER Before me is the Magistrate Judge's Report and Recommendation (Doc. 22). 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 Commissioner's Motion To Remand (Doc. 21) is granted, and the Commissioner's decision denying benefits is reversed. 3. This case is remanded to the Commission of Social Security pursuant to sentence four of 42 U.S.C. §405(g). 4. The Commissioner is ordered to direct the Administrative Law Judge to offer Plaintiff a new hearing, complete the administrative record as necessary, and issue a new decision, as set forth in the Report and Recommendation. CASE NO. 5:09cv362/RS-EMT

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5.

The clerk is directed to close the file.

ORDERED on October 14, 2010.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE