Tyner v. Social Security Administration
Filing
18
ORDER by Judge Ronald A. White: Affirming and adopting 17 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
ANGELA TYNER,
Plaintiff,
v.
Case No. CIV-16-230-RAW-KEW
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,*
Defendant.
ORDER REMANDING CASE FOR FURTHER PROCEEDINGS
On May 10, 2017, the United States Magistrate Judge entered a Report and
Recommendation, recommending that the above-styled case be reversed and remanded for
further proceedings. The Magistrate Judge found that the decision of the Commissioner is not
supported by substantial evidence and the correct legal standards were not applied. No objection
was filed.
Upon full consideration of the entire record and the issues herein, this court finds that the
Magistrate Judge’s recommendation to reverse the ALJ’s decision and remand this action for
further proceedings is well-supported. Accordingly, the Report and Recommendation of the
United States Magistrate Judge is hereby affirmed and adopted as this court’s Findings and
Order.
*
Nancy A. Berryhill is now the Acting Commissioner of the Social Security Administration.
Pursuant to Federal Rule of Civil Procedure 25(d) and the last sentence of section 205(g) of the
Social Security Act, 42 U.S.C. § 405(g), this action survives and Nancy A. Berryhill is
automatically substituted as Defendant.
IT IS THEREFORE ORDERED that the decision of the Administrative Law Judge is
hereby REVERSED and this case is hereby REMANDED pursuant to the fourth sentence of 42
U.S.C. §405(g) for further administrative proceedings.
IT IS SO ORDERED this 13th day of June, 2017.
______________________________________
THE HONORABLE RONALD A. WHITE
UNITED STATES DISTRICT JUDGE
EASTERN DISTRICT OF OKLAHOMA
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?