Ashcraft v. Commissioner of Social Security

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATION 28 , Reversing and Remanding for further administrative proceedings consistent with the Report and Recommendation. Signed by Honorable Vicki Miles-LaGrange on 3/15/2016. (ks)

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

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Case No. CIV-15-23-M

ORDER
On December 14, 2015, United States Magistrate Judge Shon T. Erwin 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 under the Social Security Act. 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 28, 2015. On December 16, 2015, the Acting Commissioner
filed an objection, and on December 23, 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: (1) erred in not
considering and discussing all evidence of record, including treatment records of plaintiff’s
treating physicians; (2) erred in not applying the factors required by the Tenth Circuit case law
when considering plaintiff’s credibility; and (3) erred in not determining which age category is
most appropriate and why.

Accordingly, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 28] issued by the
Magistrate Judge on December 14, 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 15th day of March, 2016.