Sims v. Commissioner of Social Security Administration
Filing
20
ORDER ADOPTING 19 Memorandum and Recommendation DENYING 13 Cross MOTION for Summary Judgment , DENYING 16 MOTION for Summary Judgment . It is ORDERED that the decision of the Administrative Law Judge is REVERSED and this case is REMANDED to the Commissioner of Social Security, pursuant to the fourth sentence of 42 U.S.C. § 405(g), for the further administrative proceedings consistent with the findings of the Magistrate Judge.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
KENNETH E. SIMS,
Plaintiff,
v.
CAROLYN COLVIN , acting Commissioner
of Social Security Administration,
Defendant.
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CIVIL ACTION H-13-450
O RDER OF REMAND
Pending before the court is the Magistrate Judge’s Memorandum and Recommendation
(“M&R”) regarding Plaintiff Kenneth E. Sims’s Motion for Summary Judgment (Dkt. 16) and
Defendant’s Cross-Motion for Summary Judgment (Dkt. 13). No objections have been filed. Thus,
after considering the motions, related documents in the record, the M&R, and applicable law, the
court is of the opinion that the M&R should be ADOPTED. The M&R is therefore ADOPTED in
its entirety.
In accordance with the Magistrate Judge’s recommendation, Plaintiff’s Motion for Summary
Judgment (Dkt. 16) is GRANTED, and Defendant’s Cross-Motion for Summary Judgment (Dkt. 13)
is DENIED. It is ORDERED that the decision of the Administrative Law Judge is REVERSED and
this case is REMANDED to the Commissioner of Social Security, pursuant to the fourth sentence
of 42 U.S.C. § 405(g), for the further administrative proceedings consistent with the findings of the
Magistrate Judge.
Signed at Houston, Texas on June 25, 2014.
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Gray H. Miller
United States District Judge
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