Egan v. Colvin

Filing 24

ORDER IT IS HEREBY ORDERED that the Report and Recommendation of the United States Magistrate Judge is sustained, adopted and incorporated herein. [Doc. 23]. IT IS FURTHER ORDERED that the decision of the Commissioner is REVERSED.IT IS FURTHER ORDERED that pursuant to sentence four of 42 U.S.C. § 405(g), this case is REMANDED to the Commissioner for a new hearing. An appropriate judgment of remand will accompany this order. Signed by District Judge Charles A. Shaw on 7/21/14. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

TIMOTHY M. EGAN,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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No. 4:13-CV-719 CAS

ORDER
This matter is before the Court pursuant to the Report and Recommendation of United States
Magistrate Judge Terry I. Adelman filed July 3, 2014. See 28 U.S.C. § 636(b). The Magistrate
Judge recommended that the Court grant plaintiff’s request to reverse the decision of the
Commissioner and order a new hearing, because the Administrative Law Judge violated plaintiff’s
due process rights by providing less than a full and fair hearing, and by stopping the hearing and
failing to reconvene it at a later date. Neither party has filed an objection to the recommendation.
After careful review of the matter, the Court concurs with the recommendation of the
Magistrate Judge that the Commissioner’s decision in this matter should be reversed pursuant to
sentence four of 42 U.S.C. § 405(g), and this case remanded for a new hearing on plaintiff’s
application for Disability Income Benefits under Title II of the Social Security Act.
Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation of the United States
Magistrate Judge is sustained, adopted and incorporated herein. [Doc. 23]

IT IS FURTHER ORDERED that the decision of the Commissioner is REVERSED.
IT IS FURTHER ORDERED that pursuant to sentence four of 42 U.S.C. § 405(g), this
case is REMANDED to the Commissioner for a new hearing.
An appropriate judgment of remand will accompany this order.

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CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this 21st day of July, 2014.

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