Roberts v. Berryhill

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATION for 13 Report and Recommendation. (ORDERED that Plaintiffs above-entitled Social Security action is hereby REVERSED AND REMANDED. Signed by District Judge Robert W. Schroeder, III on 3/5/2018. (slo, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
AMANDA ROBERTS
v.
COMMISSIONER
OF SOCIAL SECURITY

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§ CIVIL ACTION NO. 5:17CV45- RWS-CMC
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ORDER ADOPTING REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
The above-entitled and numbered civil action was 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 agrees with the Magistrate Judge's conclusion that the ALJ's failure to
proffer Dr. Taba's post-hearing consultative examiner's report and medical source statement and
to offer Plaintiff the opportunity to cross-examine Dr. Taba resulted in prejudicial error.
Having reviewed the record and finding no plain error in the findings of facts and
.
cocnlusions of law of the Magistrate Judge, the Court hereby ADOPTS the Report and
Recommendation of the Magistrate Judge (Docket No. 13) as the findings and conclusions of this
Court. Accordingly, it is
ORDERED that Plaintiff’s above-entitled Social Security action is hereby REVERSED
AND REMANDED. It is further
ORDERED that all motions not previously ruled on are DENIED, and the referral order
is VACATED.
SIGNED this 5th day of March, 2018.

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ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE