Dickson v. Commissioner of Social Security

Filing 17

ORDER ADOPTING 15 Report and Recommendation. The decision of the administrative law judge denying benefits is REVERSED. This matter is REMANDED w/instructions for the SSA to award insurance benefits & SSI. Signed by Honorable Stephen P. Friot on 9/22/09. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA CARL E. DICKSON, Plaintiff, vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) )

Case No. CIV-08-1375-F

ORDER Plaintiff Carl E. Dickson brings this action seeking judicial review of a denial of benefits by the Social Security Administration. Magistrate Judge Robert E. Bacharach issued a Report and Recommendation on August 31, 2009 (doc. no. 15), recommending that the Commissioner's decision be reversed and that the matter be remanded with directions for the Social Security Administration to award insurance benefits and supplemental security income. The Commissioner has filed an objection asking the court to reject the recommendations of the magistrate judge, to affirm the administrative law judge and deny benefits or, alternatively, to remand the case for further proceedings. (Objections at doc. no. 16.) Having reviewed the Report, the record, and the relevant arguments and authorities, the court finds that no purpose would be served by setting out any further analysis here. The court rejects the Commissioner's objections to the Report and finds that the Report should be adopted in its entirety. Accordingly, the court ACCEPTS, AFFIRMS, and ADOPTS the findings and recommendations of Magistrate Judge Bacharach as stated in his Report and Recommendation. The decision of the administrative law judge denying benefits is

REVERSED. This matter is hereby REMANDED with instructions for the Social Security Administration to award insurance benefits and supplemental security income. Dated this 22nd day of September, 2009.

08-1375p002.wpd

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