Opinion
CIVIL ACTION NO. 5:09-cv-00859.
September 3, 2010
MEMORANDUM OPINION AND ORDER
This action was referred to the Honorable R. Clarke VanDervort, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted his Proposed Findings and Recommendation [Docket 16] wherein he recommends that this Court grant the Plaintiff's motion for judgment on the pleadings, deny the Defendant's motion for judgment on the pleadings, remand the matter for an award of benefits from January 1999 through January 2000, reverse the final decision of the Commissioner, and remand the matter for further proceedings pursuant to 42 U.S.C. § 405(g).
Neither party has filed timely objections to the Magistrate Judge's Proposed Findings and Recommendation.
Accordingly, the Court ADOPTS and incorporates herein the Proposed Findings and Recommendation of the Magistrate Judge. The Court ORDERS that the Plaintiff's motion for judgment on the pleadings [Docket 11] be GRANTED, the Defendant's motion for judgment on the pleadings [Docket 14] be DENIED, this matter be REMANDED for an award of benefits from January 1999 through January 2000 and the final decision of the Commissioner be REVERSED consistent with the Proposed Findings and Recommendation. It is further ORDERED that this matter be REMANDED for further proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g), and be DISMISSED from the Court's docket.
The Court DIRECTS the Clerk to send a certified copy of this Order to Magistrate Judge VanDervort, counsel of record, and any unrepresented parties.
ENTER: September 3, 2010