Opinion
3:22-cv-246
06-23-2023
ROBERT B., Plaintiff, v. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant.
Stephanie K. Bowman Magistrate Judge
ORDER: (1) ADOPTING IN FULL THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. No. 13); (2) VACATING THE ALJ'S NON-DISABILITY FINDING; (3) MAKING NO FINDING AS TO WHETHER PLAINTIFF WAS UNDER A “DISABILITY” WITHIN THE MEANING OF THE SOCIAL SECURITY ACT; (4) REMANDING THIS CASE, UNDER SENTENCE FOUR OF 42 U.S.C. § 405(g), TO THE ALJ FOR FURTHER PROCEEDINGS; AND (5) TERMINATING THIS CASE ON THE COURT'S DOCKET
Hon. Michael J. Newman United States District Judge
This Social Security case is before the Court on the Report and Recommendation issued by United States Magistrate Judge Stephanie K. Bowman (Doc. No. 13), to whom this case was referred pursuant to 28 U.S.C. § 636(b). Judge Bowman recommended that the ALJ's nondisability finding be vacated and that the Court make no finding as to whether Plaintiff was under a “disability” within the meaning of the Social Security Act. Doc. No. 13. The Commissioner has not filed any objection to the Report and Recommendation.
As required by 28 U.S.C. § 636(b) and Fed.R.Civ.P. 72(a), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all filings in this matter. Upon careful de novo consideration of the foregoing, the Court determines that the Report and Recommendation should be adopted.
Accordingly, it is hereby ORDERED that: (1) the Report and Recommendation (Doc. No. 13) is ADOPTED in full; (2) the ALJ's non-disability finding is VACATED; (3) no finding is made as to whether Plaintiff was under a “disability” within the meaning of the Social Security Act; (4) pursuant to Sentence Four of 42 U.S.C. § 405(g), this case is REMANDED to the ALJ for further proceedings consistent with this Order and the Magistrate Judge's Report and Recommendation (Doc. No. 13); and (5) this case is TERMINATED on the Court's docket.
IT IS SO ORDERED.