Cheater v. Social Security Administration

Filing 20

ORDER by Judge Frank H. Seay: sustaining and adopting (Dkt No 18 ) 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

RUSSELL W. CHEATER,

)
)
Plaintiff, )
)
v.
) No. CIV-14-524-FHS-KEW
)
)
CAROLYN W, COLVIN1,
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.
An objection was filed on March 22, 2016.

The objection argues

there is no need to remand this case for the ALJ to explain his
decision that Plaintiff’s heart condition did not meet the
requirements of a 4.02 listing. Defendant argues Plaintiff bears
the burden to show that his impairment meets all of the
requirements of the listing at Step Three and Plaintiff simply
failed to do this.

The court has reviewed the Report and Recommendation filed
by the Magistrate Judge and the Objection filed by Defendant. The
ALJ clearly did not fully articulate his Step Three finding.
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.”)

The court cannot find this error as harmless. As a result, the
court finds further proceedings necessary.

Accordingly, the

Defendant’s objection is overruled.

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.

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 7th day of April, 2016.