Thomas v. Astrue

Filing 24

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. 23.) IT IS FURTHER ORDERED that the decision of the Commission er 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. Signed by District Judge Audrey G. Fleissig on 9/12/2013. (KSH) Modified on 9/12/2013 (KSH).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION TERRY D. THOMAS, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 4:12CV01616 AGF/SPM MEMORANDUM AND ORDER Currently before the Court is the Report and Recommendation of United States Magistrate Judge Shirley Padmore Mensah, to whom this matter was referred for recommended disposition pursuant to 28 U.S.C. ' 636(b). On August 22, 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 affirmed. Accordingly, IT IS HEREBY ORDERED that the Report and Recommendation of the United States Magistrate Judge is SUSTAINED, ADOPTED, and INCORPORATED herein. (Doc. No. 23.) 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 12th day of September, 2013.

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