Flowers v. Commissioner of Social Security

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATION 19 , Reversing and Remanding for further administrative proceedings consistent with the Report and Recommendation (as more fully set out). Signed by Honorable Vicki Miles-LaGrange on 4/18/2016. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DELINA FLOWERS,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioners of the
Social Security Administration,
Defendant.

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Case No. CIV-15-492-M

ORDER
On March 22, 2016, 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 applications for supplemental security income and disability insurance benefits
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 April 5, 2016. On April 1, 2016, the Acting Commissioner
filed an 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”) erred in the
consideration of Dr. Saidi’s physical medical source statement and that the ALJ erred in evaluating
plaintiff’s complaints of pain and related credibility.

Accordingly, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 19] issued by the Magistrate
Judge on March 22, 2016;

(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 18th day of April, 2016.