Russell v. Health and Human Services, Secretary of

Filing 26

ORDER AFFIRMING, APPROVING AND ADOPTING 25 Magistrate Judge's Report and Recommendation. The Plaintiff's 15 Motion for Order Reversing the Secretary's Decision is GRANTED. The Defendant's 21 Motion for Order Affirming the D ecision of the Secretary is DENIED. This case is REMANDED for further administrative proceedings; if necessary, a re-weighing of the evidence and another decision consistent with the Report and Recommendation. Signed by Judge J. Garvan Murtha on 2/2/2010. (kak)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF VERMONT

ELIZABETH M. RUSSELL, Plaintiff v. KATHLEEN SEBELIUS, Secretary of the United States Department of Health and Human Services, Defendant

: : : : : : : : : ORDER

File No. 1:08-CV-91

The Magistrate Judge's Report and Recommendation was filed January 11, 2010. (Paper 25.) After de novo review and absent objection, the Report and Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. § 636(b)(1). The Plaintiff's Motion for Order Reversing the Secretary's Decision (Paper 15) is GRANTED. The Defendant's Motion for Order Affirming the Decision of the Secretary (Paper 21) is DENIED. This case is REMANDED for further administrative proceedings; if necessary, a re-weighing of the evidence and another decision consistent with the Report and Recommendation. SO ORDERED. Dated at Brattleboro, in the District of Vermont, this 2nd day of February, 2010. /s/ J. Garvan Murtha J. Garvan Murtha Senior United States District Judge