McCaul v. Social Security Administration
Filing
20
ORDER by Judge Frank H. Seay sustaining (Dkt No 19 ) Report and Recommendation which reverses and remands the decision of the ALJ (neh, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
JASON ERIC MCCAUL,
)
)
Plaintiff, )
)
v.
) No. CIV-14-519-FHS-KEW
)
1
CAROLYN W, COLVIN ,
)
Acting Commissioner Social
)
Security Administration,
)
)
Defendant. )
ORDER
On March 15, 2016, 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
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 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 30th day of March, 2016.
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