Quinlisk v. Astrue

Filing 25

MEMORANDUM AND ORDER - The Court has considered the Report and Recommendation and hereby sustains, adopts, and incorporates herein the Magistrate Judge's Report and Recommendation. IT IS HEREBY ORDERED that under Sentence Four of 42 U.S.C. Sect ion 405(g), the final decision of the Commissioner of Social Security denying Plaintiff Patrick Quinlisk's application for disability insurance benefits and supplemental security income is REVERSED, and the case is REMANDED to the Commissioner for further proceedings consistent with this Memorandum and Order and the Report and Recommendation of Magistrate Judge Nannette A. Baker. Signed by District Judge E. Richard Webber on March 26, 2013. (MCB)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION PATRICK QUINLISK, Plaintiff, vs. CAROLYN W. COLVIN,1 Commissioner of Social Security Defendant. ) ) ) ) ) ) ) ) ) Case No. 4:12CV430 ERW-NAB MEMORANDUM AND ORDER This matter comes before the Court on the Report and Recommendation of United States Magistrate Judge Nannette A. Baker [ECF No. 24] pursuant to 28 U.S.C. § 636(b). The Court notes that no objections to the Report and Recommendation were filed within the time period afforded by § 636(b)(1). The Court has considered the Report and Recommendation and hereby sustains, adopts, and incorporates herein the Magistrate Judge’s Report and Recommendation.2 The Social Security Commissioner’s decision is reversed, and the matter is remanded to the Commissioner for further proceedings. Accordingly, IT IS HEREBY ORDERED that under Sentence Four of 42 U.S.C. § 405(g), the final decision of the Commissioner of Social Security denying Plaintiff Patrick Quinlisk’s application 1 Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013, and is hereby substituted for Michael J. Astrue as defendant. 2 The Court sustains, adopts, and incorporates herein the Magistrate Judge’s Report and Recommendation in its entirety, with the following change: • The last full sentence of the first paragraph on page 1 shall read: “For the reasons set forth below, the undersigned recommends that the ALJ’s decision be reversed and remanded for further consideration.” for disability insurance benefits and supplemental security income is REVERSED, and the case is REMANDED to the Commissioner for further proceedings consistent with this Memorandum and Order and the Report and Recommendation of Magistrate Judge Nannette A. Baker. Dated this 26th day of March, 2013. E. RICHARD WEBBER SENIOR UNITED STATES DISTRICT JUDGE 2

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