Devine v. Social Security Administration

Filing 11

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Report and Recommendation of the United States Magistrate Judge is SUSTAINED, ADOPTED, and INCORPORATED herein. (Doc. No. 21.) IT IS FURTHER ORDERED that the decision of the Commissioner is REVERSED and this case is REMANDED to the Commissioner for further development of the record consistent with the Report and Recommendation. As separate Judgment shall accompany this Memorandum and Order.. Signed by District Judge Audrey G. Fleissig on 3/1/13. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

MARK JOHNSON,
Plaintiff,
vs.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

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Case No. 4:11CV01599 AGF-SPM

MEMORANDUM AND ORDER
Currently before the Court is the Report and Recommendation of United States
Magistrate Judge Mensah whom this matter was referred for recommended disposition
pursuant to 28 U.S.C. ' 636(b). On February 13, 2013, Magistrate Judge Mensah filed her
recommendation that the Court grant Plaintiff=s request to reverse the decision of the
Commissioner and remand the case for further administrative proceedings pursuant to 42
U.S.C. ' 405(g). Neither party has filed an objection to the recommendation.
Upon careful consideration of the Report and Recommendation and the record in
this case, the Court concurs with the recommendation of the Magistrate Judge that the
Commissioner=s decision in this matter should be reversed and this case remanded for
further development of the record pursuant to sentence four of 42 U.S.C. ' 405(g).

Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation of the United
States Magistrate Judge is SUSTAINED, ADOPTED, and INCORPORATED herein.
(Doc. No. 21.)
IT IS FURTHER ORDERED that the decision of the Commissioner is
REVERSED and this case is REMANDED to the Commissioner for further development
of the record consistent with the Report and Recommendation.
A separate Judgment shall accompany this Memorandum and Order.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 1st day of March, 2013.