Smidt v. Social Security Administration

Filing 26

ORDER by Judge Ronald A. White : Affirming and adopting 24 Report and Recommendation which reverses and remands the decision of the ALJ. (acg, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
MARGIE ANN SMIDT,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security
Administration,
Defendant.

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) Case No. CIV-14-147-RAW-SPS
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ORDER REMANDING CASE FOR FURTHER PROCEEDINGS
On September 10, 2015, Magistrate Judge Shreder entered a Report and
Recommendation in the above-referenced case, recommending that this court reverse the
Commissioner’s decision upholding on appeal the findings of the Administrative Law Judge
(“ALJ”), denying benefits to plaintiff. Defendant filed an objection which has been duly
considered.
The narrow issue is consideration of evidence submitted after the ALJ’s written
opinion. Defendant argues that the Commissioner should be affirmed, or alternatively, that
the remand should be pursuant to sentence six of 42 U.S.C. §405(g) as opposed to sentence
four. The court will follow the Report and Recommendation.
Upon full consideration of the entire record and the issues herein, this court finds that
the Magistrate Judge’s findings are supported by substantial evidence and the prevailing legal
authority. Accordingly, the Report and Recommendation of the United States Magistrate
Judge is hereby AFFIRMED and ADOPTED as this court’s Findings and Order. The

decision of the Secretary is reversed and this case is remanded to Defendant pursuant to the
fourth sentence of 42 U.S.C. §405(g) for further administrative proceedings.
ORDERED THIS 24th DAY OF SEPTEMBER, 2015.

Dated this 24 th day of September, 2015.

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