Lewis v. Social Security Administration

Filing 27

ORDER by Judge Ronald A. White : Affirming and adopting 25 the 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
PAUL LEWIS,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security
Administration,
Defendant.

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) Case No. CIV-14-517-RAW-SPS
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ORDER REMANDING CASE FOR FURTHER PROCEEDINGS
On March 3, 2016, 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 has filed an objection to the Report and Recommendation,
which the court has considered.
The Magistrate Judge found that the ALJ failed to properly evaluate the opinion of
claimant’s treating nurse practitioner. The Magistrate Judge cited the governing factors and
cited a Tenth Circuit decision holding that the record must reflect that the ALJ considered
every factor. See Anderson v. Astrue, 319 Fed.Appx. 712, 718 (10 th Cir.2009). The
Magistrate Judge found that the record does not so reflect; defendant contends that it does,
if appropriate deference to the ALJ’s decision is given. This court finds the Anderson
decision supports remand under the present record.

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 29th DAY OF MARCH, 2016.

Dated this 29th day of March, 2016.

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