Herman v. Astrue

Filing 19

Opinion and ORDER adopting 18 Report and Recommendation, Reversing and Remanding. Signed by U. S. District Judge Lawrence L. Piersol on 2/11/13. (SLW)

FILED
FEB f 1 2013
UNITED STATES DISTRlCT COURT

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DISTRlCT OF SOUTH DAKOTA
WESTERN DIVISION

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RONDA MARIE HERMAN,
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CIV. 12-5014
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Plaintiff,
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OPINION AND ORDER
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MICHAEL 1. ASTRUE,
Commissioner of Social Security,
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Defendant.
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This Court referred the case to United States Magistrate Judge John E. Simko for the purpose
of issuing a Report and Recommendation. The Magistrate Judge has recommended that the
Commissioner's denial ofbenefits be reversed and remanded for further administrative proceedings,
pursuant to 42 U.S.c. § 405(g), sentence four.
The Court has carefully reviewed the Magistrate Judge's Report and Recommendation and
the record ofthe administrative proceedings. After having reviewed the record, the Court agrees with
the Magistrate Judge's Report and Recommendation. Accordingly, it is hereby
ORDERED that:
1.

The Report and Recommendation (Doc. 18) is ADOPTED by the Court.

2.

The Commissioner's decision is REVERSED under sentence four of 42 U.S.c. §
405(g) and the case is REMANDED to the Commissioner for further proceedings.

Dated this 11th day of February, 2013.

BY THE COURT:

a(bl'

Lld.t!dA-.

U .....
wrence L. Pierso I
United States District Judge

ATTEST:
JOSEPH HAAS, Clerk

By

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Deputy

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