Brand v. Commissioner of Social Security Administration

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Commissioner's final decision is hereby REVERSED and REMANDED for further administrative proceedings consistent with the findings of this Court. Any motion not previously ruled on is DENIED. Signed by Judge Leonard Davis on 09/23/14. (mll, )

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

TROY BRAND

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v.

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COMMISSIONER, SOCIAL
SECURITY ADMINISTRATION

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CIVIL ACTION NO. 6:13cv313

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 Commissioner’s final
decision be reversed and this matter remanded pursuant to sentence four of 42 U.S.C. § 405(g) for
further consideration of Dr. Lemmon’s opinion as a treating physician and, potentially, its
application to determination of Plaintiff’s RFC and determinations at Step Five; additionally, it
recommends that if it is necessary to obtain additional record evidence or to conduct a further
administrative hearing, the ALJ should do so. 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) for further administrative proceedings

consistent with the findings above. It is further
ORDERED that any motion not previously ruled on is DENIED.
SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 23rd day of September, 2014.

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