Opinion
Case No. 3:13cv00005
12-31-2013
DANNY R. HOWELL, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.
District Judge Walter Herbert Rice
Chief Magistrate Judge Sharon L. Ovington;
DECISION AND ENTRY
The Court has conducted a de novo review of the Report and Recommendations of Chief United States Magistrate Judge Sharon L. Ovington (Doc. #14), to whom this case was originally referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations.
Accordingly, it is hereby ORDERED that:
1. The Report and Recommendations filed on December 10, 2013 (Doc. #14) is ADOPTED in full;
2. The ALJ's non-disability finding is vacated;
3. No finding is made as to whether Plaintiff Danny R. Howell was under a "disability" within the meaning of the Social Security Act;
4. This matter is REMANDED to the Social Security Administration pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendations and this Decision and Entry; and,
5. The case is TERMINATED on the docket of this Court.
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Walter Herbert Rice
United States District Judge