HAYNES v. COLVIN, CIV-14-1194-M. (2016)
Court: District Court, W.D. Oklahoma
Number: infdco20160106d05
Visitors: 12
Filed: Jan. 05, 2016
Latest Update: Jan. 05, 2016
Summary: ORDER VICKI MILES-LaGRANGE , District Judge . On November 24, 2015, United States Magistrate Judge Shon T. Erwin issued a Report and Recommendation in this action in which plaintiff seeks judicial review of the final decision of defendant Acting Commissioner of Social Security Administration ("Acting Commissioner"), denying plaintiff's application for Supplemental Security Income benefits under the Social Security Act. The Magistrate Judge recommended the Acting Commissioner's decision in
Summary: ORDER VICKI MILES-LaGRANGE , District Judge . On November 24, 2015, United States Magistrate Judge Shon T. Erwin issued a Report and Recommendation in this action in which plaintiff seeks judicial review of the final decision of defendant Acting Commissioner of Social Security Administration ("Acting Commissioner"), denying plaintiff's application for Supplemental Security Income benefits under the Social Security Act. The Magistrate Judge recommended the Acting Commissioner's decision in t..
More
ORDER
VICKI MILES-LaGRANGE, District Judge.
On November 24, 2015, United States Magistrate Judge Shon T. Erwin issued a Report and Recommendation in this action in which plaintiff seeks judicial review of the final decision of defendant Acting Commissioner of Social Security Administration ("Acting Commissioner"), denying plaintiff's application for Supplemental Security Income benefits under the Social Security Act. The Magistrate Judge recommended the Acting Commissioner's decision in this matter be reversed and remanded. The parties were advised of their right to object to the Report and Recommendation by December 8, 2015. On December 8, 2015, the Acting Commissioner filed an objection, and on December 15, 2015, plaintiff filed a reply in opposition to the Acting Commissioner's objection.
The Court has carefully reviewed the court file in this matter de novo. The Court concurs with the Magistrate Judge's conclusions that the Administrative Law Judge ("ALJ") erred in failing to consider Dr. Coleman's medical records as a whole and that the ALJ erred in his credibility findings as to both plaintiff's testimony and plaintiff's mother's testimony.
Accordingly, the Court:
(1) ADOPTS the Report and Recommendation [docket no. 23] issued by the Magistrate Judge on November 24, 2015;
(2) REVERSES the decision of the Acting Commissioner;
(3) REMANDS for further administrative proceedings consistent with the Report and Recommendation; and
(4) ORDERS that judgment issue forthwith in accordance with the provisions of sentence four of 42 U.S.C. § 405(g).
IT IS SO ORDERED.
Source: Leagle
