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MENDELSBERG v. ASTRUE, CIV-10-380-FHS-KEW. (2012)

Court: District Court, E.D. Oklahoma Number: infdco20120313a72 Visitors: 15
Filed: Mar. 12, 2012
Latest Update: Mar. 12, 2012
Summary: ORDER FRANK H. SEAY, District Judge. On February 22, 2012, the United States Magistrate Judge for this District filed Findings and Recommendations in this case. No objection was filed so the Findings are deemed confessed. The Findings and Recommendations suggest that the case be REVERSED AND REMANDED for further administrative proceedings. It stated that the ALJ's decision was not supported by substantial evidence and did not apply the correct legal standards. This Court finds the Findings
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ORDER

FRANK H. SEAY, District Judge.

On February 22, 2012, the United States Magistrate Judge for this District filed Findings and Recommendations in this case. No objection was filed so the Findings are deemed confessed.

The Findings and Recommendations suggest that the case be REVERSED AND REMANDED for further administrative proceedings. It stated that the ALJ's decision was not supported by substantial evidence and did not apply the correct legal standards. This Court finds the Findings of the Magistrate Judge applied the proper standards and documents numerous references to the record which support the recommendation of the Magistrate Judge that the Secretary's decision be REVERSED AND REMANDED.

Upon consideration of the entire record and the issues herein, this Court finds and orders that the Findings and Recommendations of the United States Magistrate Judge be SUSTAINED and adopted by this Court as this Court's Findings and Order. Accordingly, this case is REVERSED AND REMANDED to the defendant under the fourth sentence of 42 U.S.C. §405(g) for proceedings consistent with this order.

IT IS SO ORDERED.

Source:  Leagle

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