Bateman v. Social Security Administration

Filing 25

ORDER by Judge Ronald A. White : Affirming and adopting 21 the Report and Recommendation which reverses and remands the decision of the ALJ. (acg, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA MISTY BATEMAN, Plaintiff, v. Case No. CIV-16-338-RAW-SPS NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration,* Defendant. ORDER REMANDING CASE FOR FURTHER PROCEEDINGS On August 22, 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. The Government filed an Objection on September 6, 2017, arguing that the court should affirm the Commissioner’s final decision. 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 * 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. United States Magistrate Judge is hereby affirmed and adopted as this court’s Findings and Order. 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 22nd day of September, 2017. ______________________________________ THE HONORABLE RONALD A. WHITE UNITED STATES DISTRICT JUDGE EASTERN DISTRICT OF OKLAHOMA 2

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