Spencer v. Social Security Administration

Filing 25

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Report and Recommendation of the United States Magistrate Judge Blanton is SUSTAINED, ADOPTED AND INCORPORATED herein. Pursuant to sentence four of 42 U.S.C. § 405 (g), the decision of the Commi ssioner is REVERSED and this case is REMANDED to the Commissioner for further proceedings consistent with the Report and Recommendation. A separate Judgment in accordance with this Memorandum and Order is entered this same date. Signed by Honorable Rodney W. Sippel on 12/30/2011. (RAK)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION RHONDA JACKSON SPENCER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Cause No. 4:10 CV 2307 RWS MEMORANDUM AND ORDER This matter is before the Court on appeal from an adverse ruling of the Social Security Administration. This matter was referred to United States Magistrate Judge Lewis M. Blanton for a Report and Recommendation pursuant to 28 U.S.C. § 636(b). On December 12, 2011, Magistrate Judge Blanton filed his recommendation that the decision of the Commissioner be reversed and that the case be remanded to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). No objections to the report and recommendation were filed. After careful consideration, the Court will adopt and sustain the thorough reasoning of Magistrate Judge Blanton set forth in support of his recommended ruling noted in the Report and Recommendation of December 12, 2011 and, pursuant to sentence four of 42 U.S.C. § 405(g), will reverse the decision of the Commissioner and remand the case to the Commissioner for further proceedings consistent with the Report and Recommendation. Accordingly, IT IS HEREBY ORDERED that the Report and Recommendation of the United States Magistrate Judge Blanton is SUSTAINED, ADOPTED AND INCORPORATED herein. Pursuant to sentence four of 42 U.S.C. § 405 (g), the decision of the Commissioner is REVERSED and this case is REMANDED to the Commissioner for further proceedings consistent with the Report and Recommendation. A separate Judgment in accordance with this Memorandum and Order is entered this same date. _________________________________ RODNEY W. SIPPEL UNITED STATES DISTRICT JUDGE Dated this 30th day of December, 2011. -2-

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