Hall v. Social Security Administration

Filing 21

ORDER AND JUDGMENT 20 IT IS HEREBY ORDERED that the Report and Recommendation of United States Magistrate Judge David D. Noce 20 , filed August 17, 2009 be and is SUSTAINED, ADOPTED, and INCORPORATED herein. IT IS FURTHER ORDERED that the final d ecision of the Commissioner denying the plaintiffs application for disability benefits be and is REVERSED. IT IS FINALLY ORDERED, ADJUDGED, AND DECREED that pursuant to Sentence Four of 42 U.S.C. §405(g), this case is REMANDED to the Commissioner for further proceedings. Signed by Honorable Stephen N Limbaugh, Jr. on 9/3/09. (cc: Bureau of Hearing and Appeals) (ARL)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JOHN F. HALL, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER AND JUDGMENT Having received no objections thereto, IT IS HEREBY ORDERED that the Report and Recommendation of United States Magistrate Judge David D. Noce (#20), filed August 17, 2009 be and is SUSTAINED, ADOPTED, and INCORPORATED herein. IT IS FURTHER ORDERED that the final decision of the Commissioner denying the plaintiff's application for disability benefits be and is REVERSED. IT IS FINALLY ORDERED, ADJUDGED, AND DECREED that pursuant to Sentence Four of 42 U.S.C. §405(g), this case is REMANDED to the Commissioner for further proceedings. On remand, the ALJ shall reconsider plaintiff Hall's RFC; as well as reconsider the statement that indicated plaintiff Hall collected disability benefits after he stopped working. This Court does not retain jurisdiction of this case. Dated this 3rd day of September, 2009.

No.4:08CV576SNLJ

UNITED STATES DISTRICT JUDGE