Berghauser v. Social Security Administration

Filing 18

ORDER by Judge Ronald A. White : Affirming and adopting 17 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 DAVID ALLEN BERGHAUSER, Plaintiff, v. Case No. CIV-18-43-RAW-SPS COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant. ORDER REMANDING CASE FOR FURTHER PROCEEDINGS On September 3, 2019, the United States Magistrate Judge entered a Report and Recommendation, recommending that the above-styled case be reversed and remanded for further proceedings [Docket No. 17]. 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 time for objection has passed, and no objection has been filed. Upon full consideration of the 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. 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 24th day of September, 2019. _______________________________________ HONORABLE RONALD A. WHITE UNITED STATES DISTRICT JUDGE EASTERN DISTRICT OF OKLAHOMA

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