Ward v. Social Security Administration
ORDER by Judge Frank H. Seay adopting 22 Report and Recommendation. 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. (adw, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
BILLY RAY WARD,
) No. CIV-13-128-FHS-SPS
CAROLYN W, COLVIN1,
Acting Commissioner Social
On September 10, 2014, the United States Magistrate Judge
for this District filed a Report and Recommendation in this case.
No objection was filed to the Report and Recommendation. As a
result, the Report and Recommendation is deemed confessed.
The Report and Recommendation suggest that the case be
REVERSED AND REMANDED for further administrative proceedings.
This Court finds the Report and Recommendation 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
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.”)
Upon consideration of the entire record and the issues
herein, this Court finds and orders that the Report and
Recommendation 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 25th day of September, 2014.
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