Filed: Nov. 28, 2017
Latest Update: Nov. 28, 2017
Summary: DECISION and ORDER GLENN T. SUDDABY , Chief District Judge . Currently before the Court, in this Social Security against filed by Kay Yvonne Pealo ("Plaintiff") against the Commissioner of Social Security ("Defendant" or "Commissioner"), is the Report-Recommendation of United States Magistrate Judge William B. Mitchell Carter, recommending that Plaintiff's motion for judgment on the pleadings be granted, that Defendant's motion for judgment on the pleadings be denied, that the Commissioner
Summary: DECISION and ORDER GLENN T. SUDDABY , Chief District Judge . Currently before the Court, in this Social Security against filed by Kay Yvonne Pealo ("Plaintiff") against the Commissioner of Social Security ("Defendant" or "Commissioner"), is the Report-Recommendation of United States Magistrate Judge William B. Mitchell Carter, recommending that Plaintiff's motion for judgment on the pleadings be granted, that Defendant's motion for judgment on the pleadings be denied, that the Commissioner'..
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DECISION and ORDER
GLENN T. SUDDABY, Chief District Judge.
Currently before the Court, in this Social Security against filed by Kay Yvonne Pealo ("Plaintiff") against the Commissioner of Social Security ("Defendant" or "Commissioner"), is the Report-Recommendation of United States Magistrate Judge William B. Mitchell Carter, recommending that Plaintiff's motion for judgment on the pleadings be granted, that Defendant's motion for judgment on the pleadings be denied, that the Commissioner's decision denying Plaintiff Social Security benefits be reversed, and that this matter be remanded to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g). (Dkt. No. 16.) Objections to the Report-Recommendation have not been filed and the time in which to do so has expired. (See generally Docket Sheet.)
After carefully reviewing all of the papers herein, including Magistrate Judge Carter's thorough Report-Recommendation, the Court can find no clear error in the Report-Recommendation.1 Magistrate Judge Carter employed the proper legal standards, accurately recited the facts, and correctly applied the law to those facts. (Dkt. No. 16.) As a result, the Report-Recommendation is accepted and adopted in its entirety; Plaintiff's motion for judgment on the pleadings is granted; Defendant's motion for judgment on the pleadings is denied; the Commissioner's decision denying Plaintiff Social Security benefits is reversed; and this matter is remanded to the Commissioner of Social Security for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).
ACCORDINGLY, it is
ORDERED that Magistrate Judge Carter's Report-Recommendation (Dkt. No. 16) is ACCEPTED and ADOPTED in its entirety; and it is further
ORDERED that Plaintiff's motion for judgment on the pleadings (Dkt. No. 9) is GRANTED, Defendant's motion for judgment on the pleadings (Dkt. No. 15) is DENIED, the Commissioner's decision denying Plaintiff Social Security benefits is REVERSED, and this matter is REMANDED to the Commissioner of Social Security for further proceedings under sentence four of 42 U.S.C. § 405(g).
