Fabre v. Astrue
Filing
17
RULING and ORDER adopting 16 Report and Recommendation of the U.S. Magistrate Judge. Commissioner's decision denying Plaintiff Gloria J. Fabre's application for a period of disability and disability insurance benefits is VACATED. The above-captioned matter is REMANDED for further administrative proceedings consistent with the Magistrate Judge's Report and Recommendation. Signed by Chief Judge Brian A. Jackson on 9/4/2014. (SMG)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
GLORIA J. FABRE
CIVIL ACTION
VERSUS
MICHAEL ASTRUE, COMMISSIONER
OF SOCIAL SECURITY
NO.: 13-00076-BAJ-RLB
RULING AND ORDER
On August 11, 2014, United States Magistrate Judge Richard L. Bourgeois, Jr.
issued a Report and Recommendation, pursuant to 28 U.S.C. § 636(b)(1)(B),
recommending that the Court vacate the Commissioner of Social Security’ decision
denying Plaintiff’s application for a period of disability and disability insurance
benefits, and remand this matter for further administrative proceedings. (Doc. 16.)
The Magistrate Judge’s Report and Recommendation specifically notified the
Commissioner of Social Security that, pursuant to 28 U.S.C. § 636(b)(1), he had
fourteen (14) days from the date he received the Report and Recommendation to file
written objections to the proposed findings of fact, conclusions of law, and
recommendations set forth therein. (Doc. 16, p. 1.) A review of the record indicates
that the Commissioner of Social Security failed to submit written objections.
Having
carefully
considered
the
Magistrate
Judge’s
Report
and
Recommendation, the record, and the applicable law, the Court concludes that the
Magistrate Judge’s Report and Recommendation is correct, and hereby adopts its
findings of fact and conclusions of law.
Accordingly,
IT
IS
ORDERED
that
the
Magistrate
Judge’s
Report
and
Recommendation (Doc. 16) is ADOPTED as the Court’s opinion herein.
IT IS FURTHER ORDERED that Commissioner’s decision denying Plaintiff
Gloria J. Fabre’s application for a period of disability and disability insurance benefits
is VACATED.
IT IS FURTHER ORDERED that the above-captioned matter is REMANDED
for further administrative proceedings consistent with the Magistrate Judge’s Report
and Recommendation.
Baton Rouge, Louisiana, this 4th day of September, 2014.
______________________________________
BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
2
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