Simpson v. Social Security Administration

Filing 21

ORDER by Judge Ronald A. White: Affirming and adopting 19 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 WADE SIMPSON, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security Administration, Defendant. ) ) ) ) ) Case No. CIV-16-373-RAW-SPS ) ) ) ) ) ) ORDER REMANDING CASE FOR FURTHER PROCEEDINGS On August 22, 2017, Magistrate Judge Shreder 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. 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 26th DAY OF SEPTEMBER, 2017. ______________________________________ RONALD A. WHITE UNITED STATES DISTRICT JUDGE

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