Day v. Colvin

Filing 27

MEMORANDUM AND ORDER: 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 Latasha Day, on behalf of D.D., disability benefits is REVERSED, and the matter is REMANDED to the Administrative Law Judge in order for the Administrative Law Judge to obtain a current examination and evaluation of D.D. by an appropriate pediatric specialist, determining the severity of D.D.'s limitations, pa rticularly in the area of Health and Physical Well-Being. IT IS FURTHER ORDERED that, upon entry of Judgment of Reversal and Remand, the appeal period will begin, which determines the thirty (30) day period in which a timely application for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, may be filed. Signed by District Judge E. Richard Webber on May 29, 2014. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

LATASHA DAY, o/b/o D.D.,
Plaintiff,
vs.
CAROLYN W. COLVIN,1
Acting Commissioner of Social Security,
Defendant.

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Case No. 4:13CV00715 ERW

MEMORANDUM AND ORDER

This matter is before the Court upon the Report and Recommendation of United States
Magistrate Noelle C. Collins [ECF No. 26], 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 Latasha Day, on behalf of
D.D., disability benefits is REVERSED, and the matter is REMANDED to the Administrative

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Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14,
2013. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin is
substituted for Michael J. Astrue as the Defendant in this suit. No further action needs to be
taken to continue this suit by reason of the last sentence of the section 205(g) of the Social
Security Act, 42 U.S.C. § 405(g).

Law Judge in order for the Administrative Law Judge to obtain a current examination and
evaluation of D.D. by an appropriate pediatric specialist, determining the severity of D.D.’s
limitations, particularly in the area of Health and Physical Well-Being.
IT IS FURTHER ORDERED that, upon entry of Judgment of Reversal and Remand,
the appeal period will begin, which determines the thirty (30) day period in which a timely
application for attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, may be
filed.
Dated this 29th

day of May, 2014.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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