Dafney v. Berryhill

Filing 15

ORDER ADOPTING 14 REPORT AND RECOMMENDATIONS and hereby ORDERING that social security action is hereby REVERSED and REMANDED and Further Ordered that all motions not previously ruled on are Denied and Referral Order is VACATED.. Signed by District Judge Robert W. Schroeder, III on 9/6/2018. (sm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
BEVERLY DAFNEY,
Plaintiff,
v.
NANCY A. BERRYHILL,
COMMISSIONER OF SSA;
Defendant.

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CIVIL ACTION NO. 5:17-CV-00106-RWS

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. Thus, any aggrieved party is barred from de novo review by the
district court of the proposed findings and recommendations of the Magistrate Judge. Fed. R. Civ.
P. 72.
The Court has received and considered the Report and Recommendation along with the
record and pleadings. The Court agrees with the Magistrate Judge’s conclusion that the case be
remanded for further assessment of Plaintiff’s residual functional capacity in light of new evidence
and Plaintiff’s vocational profile given the alleged conditions. Accordingly, finding no plain error
in the findings of fact and conclusions of law of the Magistrate Judge, this Court adopts the
Magistrate Judge’s findings and conclusions as those of the Court.

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Accordingly, it is hereby
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 that the referral
order is VACATED.
SIGNED this 6th day of September, 2018.

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ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE