Roberts v. Social Security Administration
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
CHRISTINE M. ROBERTS,
NANCY A. BERRYHILL,
Acting Commissioner of Social Security
) Case No. CIV-16-389-RAW-KEW
ORDER REMANDING CASE FOR FURTHER PROCEEDINGS
On January 16, 2018, 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. The recommended remand was based upon (1) the ALJ failing to give
adequate justification for only giving partial weight to the treating physician’s opinion and
(2) failing to perform a proper credibility determination as to claimant. Defendant filed an
objection (#21), and plaintiff has filed a reply (#22), which have been duly considered.
Essentially, defendant argues that the Magistrate Judge conducted a de novo review
and re-weighed the evidence, as opposed to showing deference to the ALJ’s findings.
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 7th DAY OF MARCH, 2018.
RONALD A. WHITE
UNITED STATES DISTRICT JUDGE
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