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)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION KENNETH E. SIMS, Plaintiff, v. CAROLYN COLVIN , acting Commissioner of Social Security Administration, Defendant. § § § § § § § § § § 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. ___________________________________ Gray H. Miller United States District Judge 2

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