Shephard Collette v. Commissioner of Social Security Administration

Filing 24

ORDER ADOPTING 21 REPORT AND RECOMMENDATION. Signed by Honorable Robin J. Cauthron on 12/18/17. (lg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CANDACE L. SHEPHARD-COLLETTE, )
)
Plaintiff,
)
)
vs.
)
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NANCY A. BERRYHILL,
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Acting Commissioner of the
)
Social Security Administration,
)
)
Defendant.
)

No. CIV 17-435-C

ORDER ADOPTING REPORT AND RECOMMENDATION
This action for judicial review of the Commissioner’s denial of disability insurance
benefits was referred for initial proceedings to United States Magistrate Judge Suzanne
Mitchell, consistent with 28 U.S.C. § 636(b)(1)(B). Judge Mitchell entered a Report and
Recommendation on November 16, 2017, recommending the case be reversed and
remanded. Defendant filed a timely Objection to which Plaintiff has responded. The
Court will consider the matter de novo.
The facts and law are accurately set out in Judge Mitchell’s Report and
Recommendation and there is no purpose to be served in repeating them yet again. In her
objection, Defendant renews arguments raised before Judge Mitchell. As Judge Mitchell
noted, the arguments raised by Defendant rely on unpublished decisions and run counter
to binding Tenth Circuit precedent. Further, the cases relied on by Defendant are factually
distinguishable from the present case.
arguments.

Accordingly, the Court rejects Defendant’s

For the reasons set forth herein, the Court ADOPTS the Report and
Recommendation of the Magistrate Judge (Dkt. No. 21) and REMANDS this matter to
Defendant for further proceedings consistent with the rulings herein. A judgment will
enter accordingly.
IT IS SO ORDERED this 18th day of December, 2017.