Jackson v. Commissioner of the Social Security Administration

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATION 31 , reversing the Commissioner's decision, Remanding the matter for further administrative proceedings consistent with the Report and Recommendation, and Ordering that judgment issue forthwith in accordance with the provisions of sentence four of 42 U.S.C. § 405(g) (as more fully set out in order). Signed by Judge Patrick R Wyrick on 1/10/2022. (ks)

Case 5:20-cv-01017-PRW Document 32 Filed 01/10/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
PATRICIA CHARLOTTE JACKSON,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
KILOLO KIJAKAZI, Commissioner
of the Social Security Administration,
Defendant.

Case No. CIV-20-01017-PRW

ORDER
Plaintiff, Patricia Charlotte Jackson, initiated this action seeking judicial review of
the Defendant Commissioner’s final decision denying her application for disability
insurance benefits under the Social Security Act. 1 Consistent with 28 U.S.C. §
636(b)(1)(B), the case was referred to U.S. Magistrate Judge Suzanne Mitchell, 2 who has
issued a Report and Recommendation (Dkt. 31) recommending that the Commissioner’s
decision be reversed and remanded for further administrative proceedings because the
Administrative Law Judge (ALJ) failed to articulate why he addressed only a portion of
the medical opinion provided by Plaintiff’s treating nurse practitioner, A. Brook Smith. 3
The parties were advised of their right to object to the Report and Recommendation
(Dkt. 31) by December 7, 2021. No objections have been filed as of this date. Having failed
1

See 42 U.S.C. §§ 405(g), 423(d)(1)(A).

2

Enter Order (Dkt. 28) at 1.

3

R&R (Dkt. 31) at 2, 9−14.
1

Case 5:20-cv-01017-PRW Document 32 Filed 01/10/22 Page 2 of 2

to object, the parties have waived their right to appellate review of the factual and legal
issues addressed in the Report and Recommendation (Dkt. 31). 4 Accordingly, the Court
ADOPTS the Report and Recommendation (Dkt. 31), REVERSES the Commissioner’s
decision, REMANDS the matter for further administrative proceedings consistent with the
Report and Recommendation (Dkt. 31), and 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 10th day of January 2022.

4

United States v. One Parcel of Real Prop., 73 F.3d 1057, 1059 (10th Cir. 1996); cf.
28 U.S.C. § 636(b)(1) (“A judge of the court shall make a de novo determination of those
portions of the report or specified proposed findings or recommendations to which
objection is made.”).
2