Henderson v. Commissioner of Social Security

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION 16 Report and Recommendation of Magistrate Judge Shon T. Erwin and reverses the final decision of the Commissioner and remands the case for further proceedings consistent with the report and recommendation. Signed by Honorable Joe Heaton on 06/10/2013. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
REGINALD HENDERSON,
Plaintiff,
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security
Administration,
Defendant.

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NO. CIV-12-0381-HE

ORDER
Plaintiff Reginald Henderson instituted this action seeking judicial review of the final
decision of the Commissioner of the Social Security Administration (“Commissioner”)
denying his applications for disability insurance benefits and supplemental security income
benefits. Consistent with 28 U.S.C. § 636(b)(1)(B), the case was referred to Magistrate
Judge Shon T. Erwin, who recommends that the decision be reversed and the matter
remanded for further proceedings. Objections to the magistrate judge’s recommendation
were due by May 3, 2013.
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. 2121
E. 30th St., 73 F.3d 1057, 1059 (10th Cir. 1996); see also 28 U.S.C. § 636(b)(1)(C) (“A
judge of the court shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” (emphasis
added)).

Accordingly, the court adopts Magistrate Judge Erwins’s Report and

Recommendation [Doc. #16], REVERSES the final decision of the Commissioner and
REMANDS the case for further proceedings consistent with the Report and
Recommendation.
IT IS SO ORDERED.
Dated this 10th day of June, 2013.

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