Carrico v. Astrue

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 22 Report and Recommendations, IT IS HEREBY ORDERED that the Report and Recommendation of the United States Magistrate Judge is SUSTAINED, ADOPTED, and INCORPORATED herein. IT IS FURTHER ORD ERED that the decision of the Commissioner denying Plaintiff's application for disability insurance benefits under Title II and supplemental security income under Title XVI of the Social Security Act is REVERSED and REMANDED in accordance with Sentence 4 of 42 U.S.C.§ 405(g). A separate Judgment shall accompany this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 11/18/2013. (NCL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

WENDY T. CARRICO,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

)
)
)
)
)
)
)
)
)
)

Case No. 4:13CV00219AGF/DDN

MEMORANDUM AND ORDER
Currently before the Court is the Report and Recommendation of United States
Magistrate Judge David D. Noce, to whom this matter was referred for recommended
disposition pursuant to 28 U.S.C. § 636(b). On October 29, 2013, Magistrate Judge Noce
filed his Report and Recommendation, recommending that the Court reverse the decision
of the Administrative Law Judge to deny Plaintiff disability insurance benefits under
Title II and supplemental security income under Title XVI of the Social Security Act and
remand the case for further proceedings in accordance with Sentence 4 of 42 U.S.C. §
405(g). The Commissioner has not objected to the Report and Recommendation and the
time to do so has expired. Plaintiff filed an affirmative statement of non-objection to the
Report and 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
Administrative Law Judge’s decision in this matter should be reversed and remanded.
Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation of the United
States Magistrate Judge is SUSTAINED, ADOPTED, and INCORPORATED herein.
IT IS FURTHER ORDERED that the decision of the Commissioner denying
Plaintiff’s application for disability insurance benefits under Title II and supplemental
security income under Title XVI of the Social Security Act is REVERSED and
REMANDED in accordance with Sentence 4 of 42 U.S.C.§ 405(g).
A separate Judgment shall accompany this Memorandum and Order.

_______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 18th day of November, 2013.