Ivey v. Social Security Administration
Filing
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ORDER by Judge Ronald A. White: Affirming and adopting 20 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
BLAKE WAYNE IVEY,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security
Administration,
Defendant.
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) Case No. CIV-15-339-RAW-KEW
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ORDER REMANDING CASE FOR FURTHER PROCEEDINGS
On August 15, 2016, Magistrate Judge West 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 Magistrate Judge
recommended remand on all three errors asserted by plaintiff. Any one of the three appears
sufficient for remand, and the court does not find any of the three erroneous on the part of
the Magistrate Judge.
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 28th DAY OF SEPTEMBER, 2016.
Dated this 28 th day of September, 2016.
J4h4i0
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