Berry v. Social Security Administration

Filing 23

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
TRACY M. BERRY,
Plaintiff,
v.
Case No. CIV-15-434-RAW-KEW
NANCY A. BERRYHILL,
Acting Commissioner of Social Security
Administration,
Defendant.
ORDER REMANDING CASE FOR FURTHER PROCEEDINGS
On March 13, 2017, 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 (AALJ@),
denying benefits to plaintiff.

Defendant filed an objection to the Report and

Recommendation, and plaintiff has filed a response to the objection, which have been
considered.
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

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pursuant to the fourth sentence of 42 U.S.C. '405(g) for further administrative
proceedings.
ORDERED THIS 30th DAY OF MARCH, 2017.

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