Block v. Commissioner of SSA

Filing 12

ORDER ADOPTING 11 REPORT AND RECOMMENDATIONS and granting 10 Motion to Remand, filed by Commissioner of SSA. Signed by Judge Michael H. Schneider on 9/18/13. (bas, )

IN THE UNITED STATES DISTRICT COURT
OF THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
LAWRENCE E. BLOCK,
Plaintiff
V.
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION,
Defendant

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No. 5:13CV55

ORDER ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The above-entitled and numbered civil action was heretofore referred to United States
Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. § 636. The Report of the Magistrate
Judge which contains her proposed findings of fact and recommendations for the disposition of such
action has been presented for consideration. No objections to the Report and Recommendation were
filed. The Court is of the opinion that the findings and conclusions of the Magistrate Judge are
correct. Therefore, the Court hereby adopts the Report of the United States Magistrate Judge as the
findings and conclusions of this Court. Accordingly, it is hereby
ORDERED that Defendant’s Unopposed Motion to Remand for Further Administrative
Proceedings Pursuant to Sentence Six of 42 U.S.C. §405(g) (Dkt. No. 10) is hereby GRANTED.
It is further
ORDERED that this case is remanded to the Commissioner for further administrative
proceedings pursuant to sentence six of section 205(g) of the Social Security Act, 42 U.S.C. §
405(g). Upon remand, the Appeals Council shall instruct the Administrative Law Judge to consider
the additional evidence submitted by Plaintiff’s attorney, offer Plaintiff the opportunity for a hearing,
and issue a new decision.

It is. further
ORDERED that all motions not previously ruled on are DENIED, and the referral order is
VACATED. It is further
ORDERED that the Clerk of the Court shall ADMINISTRATIVELY CLOSE the aboveentitled and numbered cause of action.
It is SO ORDERED.
SIGNED this 18th day of September, 2013.

____________________________________
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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