Wingerter v. Commissioner of Social Security

Filing 22

ORDER ADOPTING 21 Report and Recommendation. The SSA's decision is REVERSED & this case is REMANDED for further administrative findings. Signed by Honorable Stephen P. Friot on 9/19/2017. (llg)

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

)
)
)
)
)
)
)
)
)
)
)

Case No. CIV-16-0930-F

ORDER
Plaintiff Darren Wingerter filed this action seeking judicial review of the
Social Security Administration’s denial of plaintiff’s application for Disability
Insurance Benefits under Title II of the Social Security Act, and for Supplemental
Security Income under Title XVI of the Social Security Act.

Magistrate Judge

Charles B. Goodwin issued a Report and Recommendation on September 1, 2017
(doc. no. 21), recommending that the court reverse the Commissioner’s decision and
remand for further administrative findings.
In his Report, the Magistrate Judge advised the parties of their right to file
objections by September 15, 2017, and advised that failure to file timely objection
to the Report would result in waiver of the right to appeal the factual and legal issues
addressed in the Report. Neither party has filed an objection to the Report and
neither party has requested an extension of time within which to file any objection
to the Report.
With no objection being filed, and having reviewed the Report, the record,
and the relevant arguments and authorities, the court finds that no purpose would be

served by setting out any further analysis here and that the Report should be adopted
in its entirety.
The court ACCEPTS, AFFIRMS and ADOPTS the findings and
recommendations of the Magistrate Judge as stated in his Report and
Recommendation. The Social Security Administration’s decision is REVERSED
and this case is REMANDED for further administrative findings.
IT IS SO ORDERED this 19th day of September, 2017.

16-0930p002.docx

2