Mashore v. Social Security Administration

Filing 20

ORDER by Judge Frank H. Seay sustaining 19 Report and Recommendation which reverses and remands the decision of the ALJ (dma, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA KAREN GAYLE MASHORE, Plaintiff, vs. CAROLYN W, COLVIN1, Acting Commissioner Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) CIV-13-10-FHS-KEW ORDER On March 11, 2014, 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. 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 1 The Court has been informed by Defendant that on February 14, 2013, Carolyn W. Colvin became the Acting Commissioner of Social Security. Pursuant to Rule 25 (d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin is automatically substituted for Michael J. Astrue as the defendant in this action. Thus, this suit will proceed with this substitution in effect. See 42 U.S.C. Sec. 405 (g) (“Any action instituted in accordance with this subsection shall survive notwithstanding any change in the person occupying the office of Commissioner of Social Security or any vacancy in such office.”) 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 28th day of March, 2014.

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