Opinion
No. 3:09-CV-533.
March 11, 2011
MEMORANDUM AND OPINION
This Social Security appeal is before the Court on the Report and Recommendation ("R R") filed by United States Magistrate Judge C. Clifford Shirley [Doc. 15]. There have been no timely objections to the R R [Doc. 15], and enough time has passed since the filing of the R R [Doc. 15] to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b).
After a careful review of this matter, the Court is in complete agreement with the magistrate judge's conclusion that the Commissioner's Motion for Summary Judgment [Doc. 12] be DENIED, and that Plaintiff's Motion for Judgment on the Administrative Record [Doc. 10] be GRANTED, to the extent that this case is remanded to the Commissioner pursuant to 42 U.S.C. § 1383(c)(3) and sentence six of 42 U.S.C. § 405(g), for a new hearing consistent with this Opinion. Accordingly, the Court ACCEPTS IN WHOLE the R R [Doc. 15] under 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b).
It is ORDERED, for the reasons stated in the R R [Doc. 15], which the Court adopts and incorporates into its ruling, that the Commissioner's Motion for Summary Judgment [Doc. 12] is DENIED, and that Plaintiff's Motion for Judgment on the Administrative Record [Doc. 10] is GRANTED, to the extent that this case is remanded to the Commissioner pursuant to 42 U.S.C. § 1383(c)(3) and sentence six of 42 U.S.C. § 405(g), for a new hearing consistent with this Opinion.