Foster v. Astrue

Filing 27

ORDER Adopting Report and Recommendation re 15 Order of Remand, entered on 7/2/12, is adopted as the finding of this Court; and that Plaintiff's 10 Motion for Judgment on the Pleadings is affirmed. Signed by Chief District Judge Louis Guirola, Jr. on 1/4/13. (RLW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
DARIESA MICHELLE FOSTER
v.

PLAINTIFF
CAUSE NO. 1:11CV383-LG-JMR

MICHAEL J. ASTRUE,
COMMISSIONER OF
SOCIAL SECURITY

DEFENDANT

ORDER ADOPTING REPORT AND RECOMMENDATION
This cause comes before the Court on the Report and Recommendation of
United States Magistrate Judge John M. Roper. Judge Roper recommends
remanding this action for further consideration by the Administrative Law Judge
(“ALJ”) to consider whether Plaintiff is Per Se disabled pursuant to Listing 11.09(C)
under 20 C.F.R. § 404.1520, as well as whether proper weight was given to the
diagnoses and opinions of Plaintiff’s “treating sources.” After review of this matter,
no objections having been filed as to the Proposed Findings of Fact and
Recommendations, and the Court, being duly advised in the premises, finds that
said Proposed Findings of Fact and Recommendations should be adopted as the
opinion of this Court.
IT IS THEREFORE ORDERED AND ADJUDGED that the Report and
Recommendation [15]1 of United States Magistrate Judge John M. Roper entered in
this cause on July 2, 2012, should be, and the same hereby is, ADOPTED as the
finding of this Court.

1

Order of Remand [15] is to be considered as a Report and Recommendation [25].

IT IS FURTHER ORDERED AND ADJUDGED that Plaintiff’s Motion for
Judgment on the Pleadings [10] is AFFIRMED.
SO ORDERED AND ADJUDGED this the 4th day of January, 2013.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE

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