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Morrow v. Commissioner of Social Security Administration, CIV-17-146-RAW-KEW. (2018)

Court: District Court, E.D. Oklahoma Number: infdco20180928i09 Visitors: 4
Filed: Sep. 27, 2018
Latest Update: Sep. 27, 2018
Summary: ORDER REMANDING CASE FOR FURTHER PROCEEDINGS RONALD A. WHITE , District Judge . On September 12, 2018, the United States Magistrate Judge entered a Report and Recommendation, recommending that the above-styled case be reversed and remanded for further proceedings. Specifically, the Magistrate Judge recommended that the ALJ be directed to: (1) affirmatively link the findings on credibility to the record and Plaintiff's testimony, and (2) consider whether the medical evidence indicates that
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ORDER REMANDING CASE FOR FURTHER PROCEEDINGS

On September 12, 2018, the United States Magistrate Judge entered a Report and Recommendation, recommending that the above-styled case be reversed and remanded for further proceedings. Specifically, the Magistrate Judge recommended that the ALJ be directed to: (1) affirmatively link the findings on credibility to the record and Plaintiff's testimony, and (2) consider whether the medical evidence indicates that a closed period of disability should be assessed.

The Government filed an objection on September 21, 2018, arguing that the Magistrate Judge did not follow the appropriate highly-deferential standard of review, but instead reviewed the evidence de novo. The Government requests that the court affirm the Commissioner's final decision.

Upon full consideration of the entire record and the issues herein, this court finds that the Magistrate Judge's recommendation to reverse the ALJ's decision and remand this action for further proceedings is well-supported. Accordingly, the Report and Recommendation of the United States Magistrate Judge is hereby affirmed and adopted as this court's Findings and Order.

IT IS THEREFORE ORDERED that the decision of the Administrative Law Judge is hereby REVERSED and this case is hereby REMANDED pursuant to the fourth sentence of 42 U.S.C. §405(g) for further administrative proceedings.

Source:  Leagle

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