Holbrook v. Social Security Administration

Filing 25

ORDER by Judge Frank H. Seay sustaining 22 Report and Recommendation which reverses and remands the decision of the ALJ (dma, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA

ROBIN KAYE HOLBROOK,

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Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,
Defendant.

CIV-15-105-FHS-KEW

ORDER
On August 4, 2016, the United States Magistrate Judge for this District filed a
Report and Recommendation in this case finding this case should be reversed and
remanded for further proceedings. On August 8, 2016, Defendant filed an Objection. In
the Objection, Defendant argues that while the ALJ may not have clearly and definitively
set forth his reasons for rejecting Dr. Laughter’s and Mr. Cooper’s opinions, this court
should find the weight afforded to those opinions from the ALJ’s decision as a whole.
On August 22, 2016, Plaintiff filed a response to the objection. Plaintiff argued that the
Magistrate Judge correctly concluded that the ALJ erred in failing to properly evaluate
Dr. Laughter’s and Mr. Cooper’s opinions.
The court has reviewed the Objection and the Response. The court will not
attempt to fill in the blanks for the ALJ as to how much weight the ALJ afforded the
opinions at issue. As a result, this court denies the Objection filed by Plaintiff. The
Report and Recommendation suggests 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 21st day of September, 2016.