Jackson v. Social Security, Commissioner of

Filing 16

ORDER Adopting Report and Recommendation 15 . The Commissioner's decision is reversed and this case is remanded to the Commissioner for further proceedings pursuant to sentence four of 42 USC 405(g). Signed by District Judge Arthur J Tarnow. (PMil)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ANNETTE JACKSON, Plaintiff, v COMMISSIONER OF SOCIAL SECURITY, Defendant. / Case No. 08-12522 DISTRICT JUDGE ARTHUR J. TARNOW MAG. JUDGE CHARLES E. BINDER

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Before the Court is Magistrate Judge Binder's Report and Recommendation [Docket #15-1] filed January 14, 2009. The

Magistrate Judge recommends pursuant to the parties' stipulation that this Court remand the case for futher proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g) to allow the Administrative Law Judge to consider Plaintiff's mental impairment under 20 C.F.R. § 404.1520a and 416.920a, and to reconsider Plaintiff's residual functional capacity Having reviewed the file, the Report and Recommendation and the Stipulation of the parties, the Court ADOPTS the Report and Recommendation. Accordingly, the Commissioner's decision is

REVERSED and the case is REMANDED to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). s/Arthur J. Tarnow Arthur J. Tarnow United States District Judge

Dated:

January 16, 2009

I hereby certify that a copy of the foregoing document was served upon parties/counsel of record on January 16, 2009, by electronic and/or ordinary mail. s/Catherine A. Pickles Judicial Secretary