Diel v. Commissioner of the Social Security Administration

Filing 27

ORDER ADOPTING 24 Report and Recommendation. The decision of the Acting Commissioner of the Social Security Administration denying benefits is REVERSED. This case is REMANDED for further administrative proceedings consistent with the Report and Recommendation. Signed by Honorable Stephen P. Friot on 3/8/2017. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JUDITH CAROL DIEL,
Plaintiff,
-vsNANCY A. BERRYHILL, Acting
Commissioner of Social Security
Administration,
Defendant.

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Case No. CIV-15-1043-F

ORDER
Plaintiff brings this action seeking judicial review of the Social Security
Administration’s denial of disability insurance benefits. The Report and
Recommendation of Magistrate Judge Bernard M. Jones, doc. no. 24, recommends
that the Commissioner’s decision be reversed and that the case be remanded for
further administrative proceedings consistent with the Report. The Commissioner
has filed an objection to the Report. Doc. no. 25. Plaintiff has filed a response. Doc.
no. 26. All objections are reviewed de novo. See, 28 U.S.C. §636(b)(1) (court makes
a de novo determination of those portions of the report to which objection is made).
Having carefully considered the Commissioner’s objections, the court finds
that it agrees with the Magistrate Judge’s detailed analysis and conclusions, that no
purpose would be served by setting out further analysis here, and that the Report
should be adopted.

The Report and Recommendation of Magistrate Judge Jones is ACCEPTED,
ADOPTED and AFFIRMED. The decision of the Acting Commissioner of the
Social Security Administration denying benefits is REVERSED. This case is
REMANDED for further administrative proceedings consistent with the Report and
Recommendation, which the court has now adopted.
IT IS SO ORDERED this 8th day of March, 2017.

15-1043p002.docx