Phillips v. Social Security Administration

Filing 22

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

6:20-cv-00377-RAW-KEW Document 22 Filed in ED/OK on 09/19/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
TRACY L. PHILLIPS,
Plaintiff,
v.

Case No. 20-CIV-377-RAW-KEW

KILOLO KIJAKAZI, Commissioner of The
Social Security Administration,
Defendant.
ORDER REMANDING CASE FOR FURTHER PROCEEDINGS
On August 26, 2022, 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. 21].

The Magistrate Judge found that correct legal standards were not

applied by the Administrative Law Judge by failing to account for all Plaintiff’s impairments in
formulating the RFC and the decision of the Commissioner is therefore not supported by
substantial evidence. The Commissioner did not file an objection to the Report and
Recommendation and the time for filing objections has passed.
Upon full consideration of the record and the issues herein, this court finds that the
Magistrate Judge’s recommendation to reverse and remand for further proceedings is well
supported.

Accordingly, the Report and Recommendation of the 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.

6:20-cv-00377-RAW-KEW Document 22 Filed in ED/OK on 09/19/22 Page 2 of 2

IT IS SO ORDERED this 19th day of September, 2022.

_______________________________________
HONORABLE RONALD A. WHITE
UNITED STATES DISTRICT JUDGE
EASTERN DISTRICT OF OKLAHOMA