Townsend v. Colvin
Filing
27
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Report and Recommendation of United States Magistrate Judge David D. Noce (ECF #25) is SUSTAINED, ADOPTED, AND INCORPORATED herein. IT IS FURTHER ORDERED that, pursuant to sentence four of 42 U.S. C. § 405(g), the Commissioner of Social Security's decision denying plaintiffs application for Disability Insurance Benefits under Title II of the Social Security Act and for Supplemental Security Income under Title XVI of the Social Securi ty Act is REVERSED and the case is REMANDED to the Commissioner for further proceedings consistent with this Memorandum and Order and the Report and Recommendation adopted herein. (order forwarded to the Bureau of Hearings and Appeals) Signed by District Judge Stephen N. Limbaugh, Jr on 5/20/2014. (JMC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
MARILYN ANN TOWNSEND,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
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Case No. 1:13CV76 SNLJ / DDN
MEMORANDUM AND ORDER
This matter is before the Court on the Report and Recommendation of United
States Magistrate Judge David D. Noce, filed May 1, 2014 (ECF #25). Pursuant to 28
U.S.C. § 636, the Court referred this matter to Magistrate Judge Noce. In the report,
Magistrate Judge Noce recommends that, pursuant to sentence four of 42 U.S.C. §
405(g), the decision of the Commissioner denying plaintiff’s application for Disability
Insurance Benefits under Title II of the Social Security Act and for Supplemental
Security Income under Title XVI of the Social Security Act be reversed and this case be
remanded to the Commissioner for further proceedings consistent with the Report and
Recommendation. The parties were given fourteen days to file written objections.
Neither party has filed an objection to the recommendation and the time to do so has
expired.
Upon careful consideration of the Report and Recommendation and the record in
this case, the Court concurs in the Report and Recommendation of Magistrate Judge
Noce, and will reverse the decision of the Commissioner and remand this matter to the
Commissioner for further proceedings.
Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation of United
States Magistrate Judge David D. Noce (ECF #25) is SUSTAINED, ADOPTED, AND
INCORPORATED herein.
IT IS FURTHER ORDERED that, pursuant to sentence four of 42 U.S.C.
§ 405(g), the Commissioner of Social Security’s decision denying plaintiff’s application
for Disability Insurance Benefits under Title II of the Social Security Act and for
Supplemental Security Income under Title XVI of the Social Security Act is
REVERSED and the case is REMANDED to the Commissioner for further proceedings
consistent with this Memorandum and Order and the Report and Recommendation
adopted herein.
Dated this 20th day of May, 2014.
___________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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