Nash v. Social Security Administration

Filing 21

ORDER by District Judge James H. Payne : AFFIRMING AND ADOPTING THE REPORT ANDRECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE 20 Report and Recommendation (acg, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA CHARLES NASH, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No. CIV-11-239-JHP-SPS ORDER AFFIRMING AND ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE On September 10, 2012, the United States Magistrate Judge entered his Report and Recommendation in regard to Plaintiff’s request for judicial review of the decision of the Commissioner of the Social Security Administration. The Magistrate Judge recommended that the decision of the Administrative Law Judge be reversed and remanded pursuant to the fourth sentence of 42 U.S.C. §405(g). The defendant has not filed an objection to the Magistrate Judge’s Report and Recommendation within the time prescribed by law. 28 U.S.C. §636(b)(1); Fed. R. Civ. P. 72(a). The Court, in its review, has been granted power to enter upon the pleadings and transcript of the record, a judgment affirming, modifying or reversing the decision of the Secretary, with or without remanding the case for a rehearing. 42 U.S.C. §405(g). This Court finds that the Report and Recommendation of the Magistrate Judge is supported by the record. Therefore, upon full consideration of the entire record and the issues presented herein, the Court finds and orders that the Report and Recommendation entered by the United States Magistrate Judge on September 10, 2012, be AFFIRMED and ADOPTED by this Court as its Findings and Order. IT IS SO ORDERED this 28th day of September, 2012. 2

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