Pyers v. Astrue

Filing 14

ORDER ADOPTING 13 Report and Recommendations. The Commissioners decision is hereby REVERSED AND REMANDED for further consideration and determinationconsistent with the findings of this Court. Any motion not previously ruled on is DENIED. Signed by Judge Michael H. Schneider on 03/08/12. cc:attys 3-09-12(mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
BILLIE PYERS

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v.

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COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION

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CIVIL ACTION NO. 6:10cv259

ORDER ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contains her findings,
conclusions, and recommendation for the disposition of this action, has been presented for
consideration. The Report and Recommendation recommends that the decision of the Commissioner
be reversed and remanded for the purpose of determining whether the Administrative Law Judge’s
rejection of Dr. Zeid’s opinion is fully supported by substantial evidence under Newton v. Apfel, 209
F.3d 448, 456 (5th Cir. 2000), and whether Plaintiff’s Residual Functional Capacity permits her to
be exposed to moderate levels of noise. No written objections have been filed. The findings and
conclusions of the Magistrate Judge are therefore adopted as those of the Court.
.
In light of the foregoing, it is
ORDERED that the Commissioner’s decision is hereby REVERSED AND REMANDED
pursuant to sentence four of 42 U.S.C. § 405(g) for further consideration and determination
consistent with the findings herein. It is further
ORDERED that any motion not previously ruled on is DENIED.

It is SO ORDERED.
SIGNED this 8th day of March, 2012.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE