HOOD v. ASTRUE

Filing 26

ORDER ADOPTING 25 REPORT AND RECOMMENDATIONS - Plaintiff's Motion for Summary Judgment filed at Docket No. 17 is GRANTED, and this case is REMANDED to the Commissioner to resolve the inconsistencies addressed in the ruling at Docket No. 25 and make a new residual functional capacity ("RFC") determination. Signed by Judge Sarah Evans Barker on 2/3/2014. (MGG)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

JIMMY L. HOOD, JR.,
Plaintiff,
vs.
CAROLYN W. COLVIN, Acting
Commissioner for the Social Security
Administration,
Defendant.

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1:13-cv-270- SEB-MJD

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
The Court, having reviewed the Magistrate Judge’s Report and Recommendation at Docket
No. 25 and observing that no party objected to it within the time permitted under 28 U.S.C. § 636(b)
and Fed. R. Civ. P. 72(b), finds said Report and Recommendation is sound and well-reasoned and
adopts it as the ruling of this Court.
Accordingly, the Commissioner’s decision denying Plaintiff’s application for Disability
Insurance Benefits (“DIB”) under Title II and Supplemental Security Income (“SSI”) under Title
XVI of the Social Security Act is REVERSED. Plaintiff’s Motion for Summary Judgment filed at
Docket No. 17 is GRANTED, and this case is REMANDED to the Commissioner to resolve the
inconsistencies addressed in the ruling at Docket No. 25 and make a new residual functional
capacity (“RFC”) determination.
IT IS SO ORDERED.
Date: 02/03/2014

_______________________________
SARAH EVANS BARKER, JUDGE
United States District Court
Southern District of Indiana

Copies to:
Thomas E. Kieper
UNITED STATES ATTORNEY'S OFFICE
[e-mail]
Karl E. Osterhout
OSTERHOUT DISABILITY LAW, LLC
[e-mail]

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