Bailey v. Astrue

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION 17 of Magistrate Judge Shon Erwin reversing the final decision of the Commissioner and remanding the case for further proceedings consistent with the report and recommendation. Signed by Honorable Joe Heaton on 06/28/2013. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
MICHELLE BAILEY,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of the Social,
Security Administration
Defendant.

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NO. CIV-12-334-HE

ORDER
Plaintiff Michelle Bailey, filed this action seeking judicial review of the final decision
of the Commissioner of the Social Security Administration denying her application for
disability insurance benefits and supplemental security income benefits under the Social
Security Act. Consistent with 28 U.S.C. § 636(b)(1)(B)-(C), the case was referred to
Magistrate Judge Shon T. Erwin, who recommends that the Commissioner’s decision be
reversed and the matter remanded for further proceedings. The magistrate judge found the
Administrative Law Judge’s decision was inadequate in multiple respects.
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 Erwin’s 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 27th day of June, 2013.

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