Johnson v. Commissioner of Social Security

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION 19 of Magistrate Judge Bernard M. Jones...the court reverses the final decision of the Commissioner and remands this case for further proceedings consistent with the Report and Recommendation. Signed by Honorable Joe Heaton on 12/8/2016. (Attachments: # 1 Attachment 1 - Report and Recommendation)(cla)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA LISA R. JOHNSON, Plaintiff, NO. CIV-15-1009-HE V. CAROLYN W. COLVIN, Acting Commissioner of Social Security Administration, Defendant. ORDER Plaintiff Lisa R. Colvin filed this suit to appeal the final decision of the Acting Commissioner of the Social Security Administration ("Commissioner") denying her application for disabilityinsurancebenefitsand supplemental securityincomebenefitsunder the Social Security Act. The case was referred for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B) to U.S. Magistrate Judge Bernard M. Jones, who recommends that the decision ofthe Commissioner be reversed and the matter remanded for further proceedings. Objections to the Report and Recommendation were due by December2,2016. No objection has been filed. Having failed to object to the Report and Recommendation, the parties have waived their right to appellate review of the factual and legal issues it addressed. Martinez v. Barnhart. 444 F.3d 1201, 1208 (10th Cir. 2006); 28 U.S.C. § 636(b)(1)(C) ("A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." (emphasis added)). i? * / Accordingly, the Report and Recommendation [Doc. No. 19] is ADOPTED. The decision ofthe Commissioner is REVERSED and this case is REMANDED for further proceedings consistent with the Report and Recommendation, a copy of which is attached to this order. IT IS SO ORDERED. Dated this day of December, 2016. TON I.S. DISTRICT JUDGE

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