Cook v. Commissioner Of Social Security Administration

Filing 26

ORDER adopting 24 Report and Recommendations. Ordered that the 19 Motion for Summary Judgment filed by Commissioner Of Social Security Administration is DENIED. Order granting in part the 14 Motion for Summary Judgment filed by Sandra J. Cook by reversing the Commissioner's decision under sentence four and with a REMAND of the cause to the Commissioner. Signed by Chief Judge John Preston Bailey on 3/29/11. (Attachments: # 1 Certified Mail Return Receipt)(jss)

-JSK Cook v. Commissioner Of Social Security Administration

Doc. 26

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA ELKINS

SANDRA J. COOK, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. ORDER ADOPTING REPORT AND RECOMMENDATION/OPINION On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation/Opinion of United States Magistrate Judge John S. Kaull [Doc. 24] dated March 9, 2011, to which neither party filed objections. Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. However, failure to file objections to the magistrate judge's proposed findings and recommendation permits the District Court to review the recommendation under the standards that the District Court believes are appropriate, and under these circumstances, the parties' right to de novo review is waived. See Webb v. Califano, 468 F. Supp. 825 (E.D. Cal. 1979). Accordingly, because no objections have been filed, this report and recommendation ("R & R") will be reviewed for clear error. Upon review of the above, it is the opinion of this Court that the Report and Recommendation/Opinion [Doc. 24] should be, and is, hereby ORDERED ADOPTED. For reasons more fully stated in the Report and Recommendation, this Court finds no clear Civil Action No. 2:10-CV-91 (Judge Bailey)

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error regarding the magistrate judge's finding that substantial evidence does not support the Commissioner's decision denying the plaintiff's application for SSI. Accordingly, the Defendant's Motion for Summary Judgment [Doc. 19] is hereby DENIED. Further, the Plaintiff's Motion for Summary Judgment [Doc. 14] is GRANTED IN PART, by reversing the Commissioner's decision under sentence four of 42 U.S.C. §§ 405(g) and 1383(c)(3), with a REMAND of the cause to the Commissioner for further proceedings consistent with the magistrate judge's R&R. It is so ORDERED. The Clerk is directed to transmit copies of this Order to all counsel of record and to mail a copy to the pro se plaintiff. DATED: March 29, 2011.