Aguilar v. Astrue

Filing 19

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT re: 14 MOTION for Summary Judgment, 18 Memorandum and Recommendations,, 15 Opposed MOTION for Summary Judgment. This action is remanded to the Social Security Administration for further proceedings in accordance with the memorandum and recommendation (Signed by Judge Janis Graham Jack) Parties notified.(amireles, )

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
RUBEN AGUILAR,
Plaintiff,
VS.
MICHAEL J ASTRUE,
Defendant.

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CIVIL ACTION NO. C-10-349

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
On July 28, 2011, United States Magistrate Judge Brian L. Owsley signed a
Memorandum and Recommendation recommending that:
1) the plaintiff’s motion for summary judgment, (D.E. 15), be granted with respect to his
claims regarding the credibility assessment, the residual functional capacity calculation, and the
hypothetical question, and denied in all other respects;
2) the defendant’s motion for summary judgment, (D.E. 14), be granted with respect to
the Administrative Law Judge’s development of the record and weighing of the medical
evidence, and denied in all other respects; and
3) this action be remanded to the Social Security Administration for further proceedings
in accordance with the memorandum and recommendation.
Seeing no objection to this recommendation by any party and having now reviewed the
recommendation, this Court hereby adopts as its own the Memorandum and Recommendation as
the decision of the Court. Accordingly, it is ORDERED as follows:

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1) the plaintiff’s motion for summary judgment is granted with respect to his claims
regarding the credibility assessment, the residual functional capacity calculation, and the
hypothetical question, and is denied in all other respects;
2) the defendant’s motion for summary judgment is granted with respect to the
Administrative Law Judge’s development of the record and weighing of the medical evidence,
and is denied in all other respects; and
3) this action is remanded to the Social Security Administration for further proceedings in
accordance with the memorandum and recommendation.

SIGNED and ORDERED this 15th day of August, 2011.

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Janis Graham Jack
Senior United States District Judge

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