Truesdale v. Astrue

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION 19 Report and Recommendation of Magistrate Judge Suzanne Mitchell and reverses and remands this action for an immediate award of benefits. Signed by Honorable Joe Heaton on 02/11/2014. (lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
GEORGE S. TRUESDALE,
Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner
of Social Security Administration,
Defendant.

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NO. CIV-12-1307-HE

ORDER
Plaintiff George S. Truesdale filed this action seeking judicial review of the final
decision of the Commissioner of the Social Security Administration denying his application
for disability benefits and supplemental income payments under the Social Security Act.
Consistent with 28 U.S.C. § 636(b)(1)(B), the case was referred to Magistrate Judge Suzanne
Mitchell, who recommends that the decision of the Commissioner be reversed and remanded
for an immediate award of benefits. Objections to the magistrate judge’s Report and
Recommendation were due by January 19, 2014.
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 Mitchell’s Report and

Recommendation [Doc. #19], and REVERSES and REMANDS the action for an immediate

award of benefits.
IT IS SO ORDERED.
Dated this 11th day of February, 2014.

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