Opinion
Civil Action 2:12-cv-484
01-09-2013
KEITH ADKINS, Plaintiff, v. MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant.
Judge Marbley
Magistrate Judge King
ORDER
On December 5, 2012, the United States Magistrate Judge recommended that the parties' joint motion for voluntary remand, Doc. No. 19, be granted. Report and Recommendation, Doc. No. 20. Although the parties were advised of their right to object to the recommendation, there has been no objection.
The Report and Recommendation, Doc. No. 20, is ADOPTED AND AFFIRMED. The decision of the Commissioner of Social Security is REVERSED pursuant to Sentence 4 of 42 U.S.C. § 405(g) and the matter is REMANDED to the Commissioner for a new hearing and a new decision, with instructions to the administrative law judge to further evaluate at Step 2 the severity of plaintiff's depression and to consider evidence submitted to the Appeals Council after the administrative law judge's decision.
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Algenon L. Marbley
United States District Judge