Bailey v. Astrue

Filing 22

ORDER entered ADOPTING MEMORANDUM AND RECOMMENDATIONS re: DENYING 12 MOTION for Summary Judgment, ADOPTING 21 Memorandum and Recommendations, GRANTING 15 Opposed MOTION for Summary Judgment. This matter is remanded. Case terminated on 2/13/12.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
CANDICE BAILEY, obo
C.C. (a child),
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of the Social Security
Administration,
Defendant.

§
§
§
§
§
§
§
§
§
§
§
§

CIVIL ACTION NO. H-11-4232

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION AND
REMANDING CASE
This court has reviewed the Memorandum and Recommendation on Cross-Motions for
Summary Judgment of the United States Magistrate Judge signed on January 28, 2013 and made a
de novo determination. Rule 72(b), Fed. R. Civ. P.; 28 U.S.C. § 636(b)(1)(C); United States v.
Wilson, 864 F.2d 1219 (5th Cir. 1989). Based on the pleadings, the record, and the applicable law,
the court adopts the Memorandum and Recommendation as this court’s Memorandum and Order.
This court finds and concludes that the decision denying SSI disability benefits was not supported
because the Appeals Division did not consider or apply the revised Listing 109.08 to C.C.’s case.
Remand is required so that the right to benefits under the revised, current version of Listing 109.08
may be fully considered and addressed. Accordingly, the plaintiff’s motion for summary judgment
is granted and the defendant’s motion is denied. This matter is remanded.
SIGNED on February 13, 2013, at Houston, Texas.
______________________________________
Lee H. Rosenthal
United States District Judge