Cook v. Astrue
Filing
10
MEMORANDUM OPINION AND ORDER directing as follows: that the 9 Proposed Findings and Recommendation by Magistrate Judge is adopted and incorporated herein; and that the decision of the Commissioner is hereby reversed and this claim is remanded to the Commissioner pursuant to the fourth sentence of 42 U.S.C.A. § 405(g) for the purpose of awarding benefits. Signed by Judge John T. Copenhaver, Jr. on 6/25/2012. (cc: attys; Magistrate Judge Stanley) (cbo)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
DAVID JOE COOK,
Plaintiff
v.
Civil Action No.: 2:11-0485
MICHAEL J. ASTRUE,
Commissioner of
Social Security,
Defendant
MEMORANDUM OPINION AND ORDER
The court has received the Proposed Findings and
Recommendation (PF&R) of United States Magistrate Judge Mary E.
Stanley, entered on May 2, 2012.
The magistrate judge recommends that the court reverse
the Commissioner’s final decision and remand the claim pursuant
to the fourth sentence of 42 U.S.C.A. § 405(g) for the purpose
of awarding benefits.
Inasmuch as neither party has objected to the PF&R,
and following a de novo review, the court concludes the
recommended disposition is correct.
It is, accordingly, ORDERED
as follows:
1.
That the PF&R be, and it hereby is, adopted by the
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court and incorporated herein;
2.
That decision of the Commissioner be, and it hereby
is, reversed and this claim is remanded to the
Commissioner
pursuant to the fourth sentence of 42
U.S.C.A. § 405(g) for the purpose of awarding
benefits.
The Clerk is directed to forward copies of this
written opinion and order to all counsel of record and the
magistrate judge.
ATED:
John T. Copenhaver, Jr.
United States District Judge
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