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)

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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

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