Freegard v. Commissioner of Social Security

Filing 17

ORDER AFFIRMING, APPROVING AND ADOPTING 16 Report and Recommendation; granting in part 7 Motion for an Order Reversing the Decision of the Commissioner and denying 12 Motion for an Order Affirming the Commissioner's Decision. This matter is again REMANDED for further proceedings and a new decision. Signed by District Judge J. Garvan Murtha on 2/4/2015. (esb)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT

KITTY MARIE FREEGARD,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

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File No. 1:14-cv-34-jgm-jmc

ORDER
The Magistrate Judge's Report and Recommendation was filed December 23,
2014. (Doc. 16.) After de novo review and absent objection, the Report and
Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. §
636(b)(1).
Plaintiff’s motion for an order reversing the decision of the Commissioner (Doc.
7) is GRANTED in part. Defendant’s motion for an order affirming the Commissioner’s
decision (Doc. 12) is DENIED. This matter is again REMANDED for further
proceedings and a new decision.
As noted by Magistrate Judge Conroy, the Commissioner of Social Security
retains discretion to make an assignment to a different Administrative Law Judge (ALJ)
on remand. (Doc. 16 (Report and Recommendation) at 15.) In this case, the Court
strongly recommends the Commissioner consider assigning a different ALJ as this is
the second time the matter is being remanded for a reassessment of the evidence.

SO ORDERED.
Dated at Brattleboro, in the District of Vermont, this 4th day of February, 2015.

/s/ J. Garvan Murtha
Honorable J. Garvan Murtha
United States District Judge

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