Anthony v. Astrue

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION of the Magistrate Judge and reverses the final decision of the Commissioner and remands the case for further proceedings consistent with the Report and Recommendation (see attachment for Report and Recommendations). Signed by Honorable Joe Heaton on 05/18/2011. (Attachments: # 1 Attachment Report and Recommendations 17 )(lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
KRISTA L. ANTHONY,
Plaintiff,
vs.
MICHAEL J. ASTRUE, Commissioner
of the Social Security Administration,
Defendant.

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NO. CIV-10-0443-HE

ORDER
Plaintiff Krista L. Anthony filed this suit seeking judicial review of the final decision
of the Commissioner of the Social Security Administration denying her application for
supplemental security income payments. Consistent with 28 U.S.C. § 636(b)(1)(B), the case
was referred to Magistrate Judge Bana Roberts, who recommends that the Commissioner’s
decision be reversed and the matter remanded for further proceedings. The magistrate judge
found the Administrative Law Judge “failed to adequately link his credibility findings to
substantial evidence of record and otherwise failed to adequately articulate those findings for
meaningful review.” Report & Recommendation [Doc. #17, p. 7].
The parties, having failed to object to the Report and Recommendation, waived their
right to appellate review of the factual and legal issues it addressed. United States v. One
Parcel of Real Property, 73 F.3d 1057, 1059-60 (10th Cir. 1996). See 28 U.S.C. §
636(b)(1)(C).

Accordingly, the court adopts Magistrate Judge Roberts’ Report and

Recommendation, REVERSES the final decision of the Commissioner and REMANDS the
case for further proceedings consistent with the Report and Recommendation, a copy of

which is attached to this order.
IT IS SO ORDERED.
Dated this 18th day of May, 2011.

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