Bannister v. Colvin

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations; and granting 9 Motion to Remand filed by Carolyn W. Colvin. Signed by Judge Michael H. Schneider on 10/21/14. (bas, )

IN THE UNITED STATES DISTRICT COURT
OF THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
REBECCA LEE BANNISTER

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VS.

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COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION

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CIVIL ACTION NO. 5:14cv30

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 Opposed Motion to Reverse With Remand and Enter Judgment
(Dkt. No. 9) is hereby GRANTED. It is further
ORDERED that Plaintiff’s above-entitled and numbered civil action is REVERSED and
REMANDED under the fourth sentence of the Social Security Act, 42 U.S.C. § 405(g), to the
Commissioner of the Social Security Administration for further administrative proceedings before
an Administrative Law Judge (“ALJ”). It is further
ORDERED that on remand an ALJ shall fully consider all medical opinions and the
limitations contained therein and reevaluate those opinions when formulating the residual functional

capacity. It is further
ORDERED that all motions not previously ruled on are DENIED, and the referral order is
VACATED.
SIGNED this 21st day of October, 2014.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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