Harlan v. Commissioner of Social Security

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION for 15 Report and Recommendation. The Commissioners decision is reversed, and the case is remanded for further administrative proceedings consistent with the Report and Recommendation. Signed by Honorable Timothy D. DeGiusti on 7/14/14. (cla)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA

KAFFIEA HARLAN,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner,
Social Security Administration,
Defendant.

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Case No. CIV-13-477-D

ORDER
This matter is before the Court for review of the Report and Recommendation issued by
United States Magistrate Judge Shon T. Erwin pursuant to 28 U.S.C. § 636(b)(1)(B). Judge Erwin
finds that the Commissioner’s decision denying Plaintiff’s applications for disability insurance
benefits and supplemental security income payments should be reversed pursuant to 42 U.S.C.
§ 405(g), and that the case should be remanded for further administrative proceedings necessary to
make a proper determination of Plaintiff’s residual functional capacity and a credibility analysis of
Plaintiff’s subjective complaints.
The Commissioner has not filed a timely objection to the Report and Recommendation nor
requested additional time to object. Upon consideration, the Court finds that the Commissioner has
waived further judicial review.
IT IS THEREFORE ORDERED that the Court adopts the Report and Recommendation
[Doc. No. 15] in its entirety. The Commissioner’s decision is reversed, and the case is remanded

for further administrative proceedings consistent with the Report and Recommendation. Judgment
shall be entered accordingly.
IT IS SO ORDERED this 14th day of July, 2014.

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