Opinion
CASE NO. 1:13 CV 774
04-16-2014
JOHN DAY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
MEMORANDUM OF OPINION AND
ORDER ADOPTING THE
MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATION AND
REMANDING FOR FURTHER
PROCEEDINGS
UNITED STATES DISTRICT JUDGE LESLEY WELLS
Plaintiff John Day challenges the Commissioner of Social Security's ("Commissioner") denial of his application for a Period of Disability ("POD") and Disability Insurance Benefits ("DIB"). (Docket No. 1, Complaint). This matter was automatically referred to United States Magistrate Judge Greg White for a Report and Recommendation ("R&R"), pursuant to Local Civil Rule 72.2(b). In his R&R, Magistrate Judge White recommended this Court remand the case, because the final decision of the Commissioner was not supported by substantial evidence.
On 7 April 2014, the Commissioner filed a response to the R&R indicating that she would not be filing any objections. (#18). The Court accordingly adopts Magistrate Judge White's R&R in its entirety. The final decision of the Commissioner is vacated and the case is remanded for further proceedings consistent with the R&R.
IT IS SO ORDERED.
Lesley Wells
UNITED STATES DISTRICT JUDGE