Whiticar v. Astrue

Filing 23

MEMORANDUM AND ORDER. The Court has considered the Report and Recommendation, and hereby sustains, adopts, and incorporates herein the Magistrate's Report and Recommendation in its entirety. 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 Rachel Whiticar disability benefits is REVERSED, and the matter is REMANDED to the Administrative Law Judge for appropriate consideration of all expert opinions of record in accordance with 20 C.F.R. § 404.1527(c)(2). Signed by District Judge E. Richard Webber on 03/17/2014. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

RACHEL WHITICAR,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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Case No. 4:13CV00099 ERW

MEMORANDUM AND ORDER

This matter is before the Court upon the Report and Recommendation of United States
Magistrate David D. Noce [ECF No. 22], pursuant to 28 U.S.C. § 636(b).
The Court notes that no objections were filed to the Report and Recommendation within
the time period afforded by 28 U.S.C. § 636(b)(1). The Court has considered the Report and
Recommendation, and hereby sustains, adopts, and incorporates herein the Magistrate’s Report
and Recommendation in its entirety. The Social Security Commissioner’s decision denying
Plaintiff’s claims for benefits is reversed.
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 Rachel Whiticar disability
benefits is REVERSED, and the matter is REMANDED to the Administrative Law Judge for
appropriate consideration of all expert opinions of record in accordance with 20 C.F.R. §

404.1527(c)(2).
Dated this

17th

day of March, 2014.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE