Wilson v. Astrue

Filing 13

ORDER ADOPTING 12 Report and Recommendations. The Commissioners decision is hereby REVERSED and REMANDED with instructions for further consideration consistent with the Report and Recommendation and the opinion herein. Any motion not previously ruled on is DENIED. Signed by Judge Leonard Davis on 10/31/12. cc:attys 10-31-12(mll, )

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

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v.

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COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION

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CIVIL ACTION NO. 6:11cv562

ORDER ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE
The Report and Recommendation of the Magistrate Judge, which contains his 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 this action be remanded for further consideration at Step Two of the mental
impairment opinions expressed by Dr. Heafer and the State Agency psychologist and whether any
mental limitations should be applied to Plaintiff’s Residual Functional Capacity. 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) with instructions for further consideration consistent
with the Report and Recommendation and the opinion herein. It is further
ORDERED that any motion not previously ruled on is DENIED.
So ORDERED and SIGNED this 31st day of October, 2012.

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LEONARD DAVIS
1
UNITED STATES DISTRICT JUDGE