SMITH v. ASTRUE

Filing 17

ORDER indicating that after the plaintiff, Tina L. Smith, filed an action in the above-captioned case seeking review of the Social Security Commissioner's final determination of her claim for a period of disability or for disability insurance be nefits and supplemental security income benefits, and after cross motions for summary judgment were submitted by the parties, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties fourteen days aft er being served with a copy to file written objections thereto, and no objections having been filed, and upon independent review of the motion and the record, and upon consideration of the Magistrate Judge's Report and Recommendation (Docket No. 16 ), which is adopted as the Opinion of this Court, the cross motions for summary judgment (Docket Nos. 9 and 12 ) are denied without prejudice and the matter is remanded for further evaluation and consideration of plaintiff's possible mental disability. Signed by Judge Nora Barry Fischer on 1/26/2011. (bdk)