Porter v. Commissioner of Social Security

Filing 21

ORDER adopting Report and Recommendations re 20 Report and Recommendation. Signed by Honorable Timothy D. DeGiusti on 9/25/2015. (cla)

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

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Case No. CIV-14-850-D

ORDER
Plaintiff brought this action pursuant to 42 U.S.C.§ 405(g) for review of Defendant
Commissioner of the Social Security Administration’s final decision denying Plaintiff’s
application for disability insurance benefits under Title II of the Social Security Act, 42
U.S.C. §§ 401-434. The matter was referred to United States Magistrate Judge Charles B.
Goodwin for initial proceedings in accordance with 28 U.S.C. § 636(b) and Fed. R. Civ. P.
72(b). The parties fully briefed their respective positions and on August 31, 2015, the
Magistrate Judge filed his Report and Recommendation [Doc. No. 20] in which he
recommended that the Court reverse the decision of the Commissioner and remand the matter
for further proceedings.
In the Report and Recommendation, the Magistrate Judge advised the parties of the
right to file objections to the same and directed the parties to file any objections no later than
September 14, 2015. The Magistrate Judge further admonished the parties that failure to
timely object would constitute a waiver of the right to appeal. The deadline for filing

objections has expired, and to date neither party has filed objections or sought an extension
of time in which to do so. Accordingly, the Report and Recommendation is ADOPTED as
though fully set forth herein.
IT IS THEREFORE ORDERED that the decision of the Commissioner denying
Plaintiff’s application for supplemental security income is REVERSED. This matter is
REMANDED to the Commissioner for further administrative proceedings, as more fully set
forth in the Report and Recommendation.
IT IS SO ORDERED this 25th day of September, 2015.