Beasley v. Astrue

Filing 16

ORDER ADOPTING 15 REPORT AND RECOMMENDATIONS; granting 9 Motion for Summary Judgment filed by Brenda Beasley; denying 12 Motion to Affirm filed by Michael J. Astrue. A separate judgment will be entered. Signed by District Judge Tom S. Lee on 3/1/12 (LWE)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION
BRENDA BEASLEY
VS.

PLAINTIFF
CIVIL ACTION NO. 3:09CV764TSL-MTP

MICHAEL J. ASTRUE, COMMISSIONER
SOCIAL SECURITY ADMINISTRATION

DEFENDANT

ORDER
This cause is before the court on the magistrate judge’s
February 23, 2012 report and recommendation.

The government

having advised that it will not object and the court having
reviewed the report and recommendation, the court hereby adopts,
as its own opinion, the magistrate judge’s report and
recommendation with the clarification that plaintiff’s motion for
summary judgment, which sought reversal of the administrative law
judge and remand for further proceedings, is entitled to be
granted in toto.
Based on the foregoing, it is ordered that the report and
recommendation of United States Magistrate Judge Michael T.
Parker

entered on or about February 23, 2012, be, and the same

is hereby, adopted as the finding of this court.

It is further

ordered that plaintiff’s motion for summary judgment is granted
such that the decision of the Administrative Law Judge is
reversed and the case is remanded for further administrative
proceedings consistent with the court’s opinion.

It is further

ordered that the Commissioner’s motion to affirm is denied.

A separate judgment will be entered in accordance with Rule
58 of the Federal Rules of Civil Procedure.
SO ORDERED this 1st day of March, 2012.

/s/Tom S. Lee
UNITED STATES DISTRICT JUDGE