Willingham v. Commissioner of Social Security Administration

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATION 22 of Magistrate Judge Gary Purcell; the court reverses the final decision of the Commissioner and remands the case for further proceedings consistent with the Report and Recommendation. Signed by Honorable Joe Heaton on 05/29/2018. (Attachments: # 1 Attachment Report and Recommendation)(lam)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
RANDY WILLINGHAM,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of the
Social Security Administration
Defendant.

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NO. CIV-17-1010-HE

ORDER
Plaintiff Randy Willingham filed this action seeking judicial review of the final
decision of the Commissioner of the Social Security Administration denying his
application for disability insurance benefits and supplement security income. Consistent
with 28 U.S.C. § 636(b)(1)(B), the case was referred to Magistrate Judge Gary M. Purcell,
who recommends that the Commissioner’s decision be reversed and the matter remanded
for further proceedings.

The magistrate judge concluded the Administrative Law

Judge(“ALJ”) erred in his Step Four analysis. He also concluded that the ALJ failed to
provide adequate support for his decision to reject the examining consultative physician’s
opinion.
The parties, having failed to object to the Report and Recommendation, waived their
right to appellate review of the factual and legal issues it addressed. United States v. One
Parcel of Real Property, 73 F.3d 1057, 1059-60 (10th Cir. 1996).

See 28 U.S.C.

§636(b)(1)(C). Accordingly, the court adopts Magistrate Judge Purcell’s Report and
Recommendation, REVERSES the final decision of the Commissioner and REMANDS

the case for further proceedings consistent with the Report and Recommendation, a copy
of which is attached to this order.
IT IS SO ORDERED.
Dated this 29th day of May, 2018.

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