Opinion
Civil No. 09-2547 (DWF/LIB).
December 9, 2010
Lionel H. Peabody, Esq., Peabody Law Office, counsel for Plaintiff.
Lonnie F. Bryan, Assistant United States Attorney, United States Attorney's Office, counsel for Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
Based upon the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois, and after an independent review of the files, records and proceedings in the above-entitled matter,
IT IS HEREBY ORDERED that:
1. Plaintiff's Motion for Summary Judgment is GRANTED IN PART for remand for further proceedings consistent with this Report and Recommendation, in accordance with sentence four of 42 U.S.C. § 405(g), and DENIED IN PART for award of benefits (Doc. No. [16]).
2. Defendant's Motion for Summary Judgment (Doc. No. [19]) is DENIED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: December 8, 2010