Gerfen v. Commissioner of Social Security

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION 16 and REVERSING the decision of the Acting Commissioner and REMANDING for further administrative proceedings consistent with the Report and Recommendation. Signed by Honorable Vicki Miles-LaGrange on 9/13/2017. (ks)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
EVAN G. GERFEN,
Plaintiff,
v.
NANCY A. BERRYHILL,
Acting Commissioner of
Social Security Administration,
Defendant.

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Case No. CIV-16-1041-M

ORDER
On July 20, 2017, United States Magistrate Judge Bernard M. Jones 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 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 August 3, 2017. A review of the court file
reveals that no objections have been filed.
Accordingly, upon de novo review, the Court:
(1)

ADOPTS the Report and Recommendation [docket no. 16] issued by
the Magistrate Judge on July 20, 2017;

(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 13th day of September, 2017.