Addison v. Social Security Administration
Filing
22
ORDER by Judge Frank H. Seay adopting 21 Corrected 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
JAMES W. ADDISON,
)
)
Plaintiff, )
)
v.
) No. CIV-13-280-FHS-KEW
)
CAROLYN W, COLVIN1,
)
Acting Commissioner Social
)
Security Administration,
)
)
Defendant. )
ORDER
On September 10, 2014, the United States Magistrate Judge
for this District filed a Corrected Report and Recommendation in
this case.
No objection was filed to the Corrected Report and
Recommendation. As a result, the Corrected Report and
Recommendation is deemed confessed.
The Corrected Report and Recommendation suggest that the
case be REVERSED AND REMANDED for further administrative
proceedings. This Court finds the Corrected 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 REMANDED.
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.”)
Upon consideration of the entire record and the issues
herein, this Court finds and orders that the Corrected 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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