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, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION BILLIE PYERS § v. § COMMISSIONER, SOCIAL SECURITY ADMINISTRATION § 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. ____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE

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