Coles v. Commissioner of Social Security

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATION The Court has carefully reviewed the court file in this matter de novo. Accordingly, the Court: ADOPTS the Report and Recommendation [docket no. 25] issued by the Magistrate Judge on November 13, 2015; REVE RSES the decision of the Acting Commissioner; REMANDS for further administrative proceedings consistent with the Report and Recommendation; and ORDERS that judgment issue forthwith in accordance with the provisions of sentence four of 42 U.S.C. § 405(g).. Signed by Honorable Vicki Miles-LaGrange on 12/31/2015. (sr)

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

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Case No. CIV-14-1060-M

ORDER
On November 13, 2015, United States Magistrate Judge Bernard M. Jones issued a Report
and Recommendation in this action in which plaintiff seeks judicial review of the final decision of
defendant Acting Commissioner of Social Security Administration (“Acting Commissioner”),
denying plaintiff’s application for disability insurance benefits. The Magistrate Judge recommended
the Acting Commissioner’s decision in this matter be reversed and remanded. The parties were
advised of their right to object to the Report and Recommendation by December 4, 2015. On
December 1, 2015, the Acting Commissioner filed an objection, and on December 18, 2015, plaintiff
filed a response to the Acting Commissioner’s objection.
The Court has carefully reviewed the court file in this matter de novo. The Court concurs
with the Magistrate Judge’s conclusions that the Administrative Law Judge (“ALJ”) did not properly
weigh the evidence and that substantial evidence does not support the ALJ’s credibility finding.
Accordingly, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 25] issued by the Magistrate
Judge on November 13, 2015;

(2)

REVERSES the decision of the Acting Commissioner;

(3)

REMANDS for further administrative proceedings consistent with the Report and
Recommendation; and

(4)

ORDERS that judgment issue forthwith in accordance with the provisions of
sentence four of 42 U.S.C. § 405(g).

IT IS SO ORDERED this 31st day of December, 2015.