Smith v. Astrue

Filing 17

ORDER ADOPTING 16 Report and Recommendations. It is ORDERED that the Commissioner's final decision is REVERSED and REMANDED pursuant to sentence four of 42 USC 405(g) with instructions for further consideration consistent with the Court's findings. Any motion not previously ruled on is DENIED. Signed by Judge Michael H. Schneider on 2/22/2012. (leh, )

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

THOMAS SMITH

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v.

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COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION

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CIVIL ACTION NO. 6:10-CV-283

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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 action be reversed and
remanded pursuant to sentence four of 42 U.S.C. § 405(g) with instructions for further consideration
of Plaintiff’s evidence submitted after the ALJ’s decision in accordance with this determination and
the Fifth Circuit’s reasoning in Hunter v. Astrue, 283 Fed. Appx. 261, 263 & n.7 (5th Cir. 2008) (per
curiam), and the cases it cites. 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 final decision is hereby REVERSED and REMANDED
pursuant to sentence four of 42 U.S.C. § 405(g) with instructions for further consideration consistent

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with the findings above. It is further
ORDERED that any motion not previously ruled on is DENIED.
It is SO ORDERED.

SIGNED this 22nd day of February, 2012.

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MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE

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