Burke v. Commissioner of Social Security

Filing 26

ORDER ADOPTING 25 Report and Recommendation. The final decision of dft, Carolyn W. Colvin, Acting Commissioner of the Social Security Administration, denying plf, Matthew James Burke's application for disability insurance benefits is REVERSED, & this matter is REMANDED for further administrative proceedings pursuant to sentence four of § 205(g) of the Social Security Act. Signed by Honorable Stephen P. Friot on 10/27/15. (llg)

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

MATTHEW JAMES BURKE,
Plaintiff,
-vsCAROLYN W. COLVIN,
Acting Commissioner of Social
Security Administration,
Defendant.

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Case No. CIV-14-1138-F

ORDER
United States Magistrate Judge Gary M. Purcell issued a Report and
Recommendation on October 5, 2015, recommending that the final decision of
defendant denying plaintiff’s application for disability insurance benefits under Title
II of the Social Security Act, 42 U.S.C. §§ 416(i), 423, be reversed and remanded for
further administrative proceedings. Magistrate Judge Purcell advised the parties of
their respective right to file an objection to the Report and Recommendation by
October 26, 2015 and further advised that failure to timely object would waive
appellate review of the recommended ruling.
To date, no objection to the Report and Recommendation has been filed, and
no request for an extension of time to object has been filed. With no objection being
filed within the time prescribed, the court accepts, adopts and affirms the Report and
Recommendation in its entirety.
Accordingly, the Report and Recommendation issued by United States
Magistrate Judge Gary M. Purcell on October 5, 2015 (doc. no. 25) is ACCEPTED,
ADOPTED and AFFIRMED. The final decision of defendant, Carolyn W. Colvin,

Acting Commissioner of the Social Security Administration, denying plaintiff,
Matthew James Burke’s application for disability insurance benefits is REVERSED,
and this matter is REMANDED for further administrative proceedings pursuant to
sentence four of § 205(g) of the Social Security Act, 42 U.S.C. § 405(g). Judgment
shall issue forthwith.
DATED October 27, 2015.

14-1138p002.wpd

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