Lear v. Commissioner of Social Security

Filing 18

ORDER adopting 14 Report and Recommendations, remanding case to Commissioner. Signed by Senior Judge Edward H. Johnstone on 04/02/2009. cc:counsel (CSD)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT OWENSBORO CIVIL ACTION NO. 4:08CV-00077-EHJ DEBRA BROWN LEAR PLAINTIFF VS. MICHAEL J. ASTRUE, Commissioner of Social Security ORDER DEFENDANT The above matter having been referred to the United States Magistrate Judge who has filed his Findings of Fact, Conclusions of Law, and Recommendation, objections having been filed thereto, and the Court having considered the same, adopts the Findings of Fact and Conclusions of Law as set forth in the report submitted by the United States Magistrate Judge. IT IS HEREBY ORDERED that the final decision of the Commissioner is REVERSED and, pursuant to sentence four of 42 U.S.C. 405(g), this case is REMANDED to the Commissioner to remedy the defect in the original proceedings. This is a final and appealable Order and there is no just cause for delay. April 2, 2009 Copies: Counsel of Record

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