Bodine v. Social Security Administration

Filing 20

ORDER by Judge Frank H. Seay : This case is REVERSED AND REMANDED to thedefendant under the fourth sentence of 42 U.S.C. §405(g) for proceedings consistent with this order. 19 Report and Recommendation (acg, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA DAVID S. BODINE, ) ) Plaintiff, ) ) v. ) No. CIV-10-142-FHS-KEW ) MICHAEL J. ASTRUE, ) Commissioner Social Security ) Administration, ) ) Defendant. ) ORDER On July 12, 2011, the United States Magistrate Judge for this District filed Findings and Recommendations in this case. No objection was filed so the Findings are deemed confessed. The Findings and Recommendations suggest that the case be REVERSED AND REMANDED for further administrative proceedings. It orders the ALJ shall re-evaluate the credibility of claimant’s testimony and claims of pain in light of the entire medical record. This Court finds the Findings of the Magistrate Judge applied the proper standards and documents numerous references to the record which support the recommendation of the Magistrate Judge that the Secretary's decision be REVERSED AND REMANDED. Upon consideration of the entire record and the issues herein, this Court finds and orders that the Findings and Recommendations of the United States Magistrate Judge be SUSTAINED and adopted by this Court as this Court's Findings and Order. Accordingly, this case is REVERSED AND REMANDED to the defendant under the fourth sentence of 42 U.S.C. §405(g) for proceedings consistent with this order. IT IS SO ORDERED this 2nd day of August, 2011.

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