Freegard v. Social Security Administration, Commissioner

Filing 15

ORDER: Affirming, Approving and Adopting 14 Magistrate Judge's Report and Recommendation. Dft's 12 Motion for Order Affirming Decision of Commissioneris DENIED. Pltf's 9 Motion for Order Reversing the Commissioner's Decisio nis GRANTED in part. This case is remanded for reassessment of the evidence and further development of the record in accordance with the Report and Recommendation. Plaintiff's request that the matter be remanded for a calculation of benefits is DENIED. Signed by District Judge J. Garvan Murtha on 10/17/2011. (kak)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT

KITTY MARIE FREEGARD,
Plaintiff,

:
:
:
v.
:
:
MICHAEL J. ASTRUE, Commissioner, :
Social Security Administration,
:
Defendant.
:

File No. 1:11-cv-12 -jgm

ORDER
The Magistrate Judge's Report and Recommendation was filed September
20, 2011. (Doc. 14.) 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 Defendant’s Motion for Order Affirming Decision of Commissioner (Doc.
12) is DENIED. Plaintiff’s Motion for Order Reversing the Commissioner’s Decision
(Doc. 9) is GRANTED in part. This case is remanded for reassessment of the
evidence and further development of the record in accordance with the Report and
Recommendation. Plaintiff’s request that the matter be remanded for a calculation
of benefits is DENIED.
SO ORDERED.
Dated at Brattleboro, in the District of Vermont, this 17th day of October,
2011.
/s/ J. Garvan Murtha
Honorable J. Garvan Murtha
United States District Judge