Morgan v. Colvin

Filing 18

ORDER entered ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 17 Memorandum and Recommendations, DENYING 11 Cross MOTION for Summary Judgment , GRANTING 13 Cross MOTION for Summary Judgment Social Security. The decision of the Ad ministrative Law Judge is reversed and this matter is remanded to the Social Security Administration for proceedings consistent with this opinion. Final judgment entered by separate order. (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
HILDA ROSE MORGAN,
Petitioner,
v.
CAROLYN W. COLVIN,
Commissioner of the Social Security
Administration,
Respondent.

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November 08, 2016
David J. Bradley, Clerk

CIVIL ACTION NO. H-15-2784

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
AND GRANTING THE PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT AND DENYING THE DEFENDANT’S MOTION
FOR SUMMARY JUDGMENT AND REMANDING
This court has reviewed the United States Magistrate Judge’s October 3, 2016 Memorandum
and Recommendation on the parties’ cross-motions for summary judgment. This court has made
a de novo determination of the motions and disposition. 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 Administrative Law
Judge’s decision denying Hilda Rose Morgan Social Security benefits was not supported by
substantial evidence in the record. In addition, the judge failed to explain the decision to give great
weight to the opinions of two state agency examiners and of Dr. McLendon, and to give little if any
weight to Dr. Johnson’s opinion. Both prejudiced Ms. Morgan. Hilda Rose Morgan’s motion for
summary judgment, Docket Entry No. 13, is granted, and the Commissioner’s cross-motion for
summary judgment, Docket Entry No. 11, is denied.

The decision of the Administrative Law Judge is reversed and this matter is remanded to the
Social Security Administration for proceedings consistent with this opinion.
SIGNED on November 8, 2016, at Houston, Texas.
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Lee H. Rosenthal
United States District Judge