Xenos v. Colvin

Filing 23

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. 22.) IT IS FURTHER ORDERED that the decision of the Commissioner denying P laintiff's application for disability insurance benefits under Title II of the Social Security Act is REVERSED and REMANDED. A separate Judgment shall accompany this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on March 24, 2016. (BRP)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION SPIROS N. XENOS, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 4:14CV1741 AGF-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 March 8, 2016, Magistrate Judge Noce filed his Report and Recommendation, recommending that the Court reverse and remand the decision of the Administrative Law Judge to deny Plaintiff Disability Insurance Benefits under Title II of the Social Security Act. Neither party has filed objections 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. (Doc. No. 22.) IT IS FURTHER ORDERED that the decision of the Commissioner denying Plaintiff’s application for disability insurance benefits under Title II of the Social Security Act is REVERSED and REMANDED. A separate Judgment shall accompany this Memorandum and Order. _______________________________ AUDREY G. FLEISSIG UNITED STATES DISTRICT JUDGE Dated this 24th day of March, 2016. 2

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