Silva v. Colvin

Filing 11

ORDER granting 8 Motion to Reverse Decision of the Commissioner; denying 9 Motion to Affirm the Decision of the Commissioner; adopting 10 Report and Recommendations. So Ordered by Chief Judge William E. Smith on 8/24/2015. (Jackson, Ryan)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND ___________________________________ ) ) ) Plaintiff, ) ) v. ) ) CAROLYN COLVIN, ACTING ) COMMISSIONER OF SOCIAL SECURITY, ) ) Defendant. ) ___________________________________) ANTONIO SILVA, C.A. No. 14-301 S ORDER WILLIAM E. SMITH, Chief Judge. On July 29, 2015, United States Magistrate Judge Patricia A. Sullivan issued a Report and Recommendation (“R&R”) in the above-captioned matter (ECF No. 10). Judge Sullivan recommended that Plaintiff’s Motion to Reverse with a Remand for Rehearing of the Commissioner’s Final Decision (“Plaintiff’s Motion”) (ECF No. 8) be granted, Defendant’s Motion for an Order Affirming the Decision of the Commissioner (“Defendant’s Motion”) (ECF No. 9) be denied, the matter be remanded to the Commissioner for further proceedings pursuant to Sentence Four of 42 U.S.C. § 405(g), and final judgment be entered in Plaintiff’s favor. No objections to the R&R were filed, and the time for doing so has passed. to 28 Accordingly, the Court hereby accepts the R&R pursuant U.S.C. § 636(b)(1). The R&R is ADOPTED, Plaintiff’s Motion is GRANTED, Defendant’s Motion is DENIED, and the matter is REMANDED to the Commissioner for further proceedings pursuant to Sentence Four. Final judgment shall enter for Plaintiff. IT IS SO ORDERED. William E. Smith Chief Judge Date: August 24, 2015 2

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