Opinion
Civ. No. 14-1916
04-17-2019
JUDGMENT
AND NOW, this 16th day of April, 2019, after careful and independent review of Plaintiff's Complaint (Doc. No. 3), the Commissioner's Answer (Doc. No. 7), the Administrative Record (Doc. No. 8), Plaintiff's Brief and Statement of Issues in Support of Request for Judicial Review (Doc. No. 12), the Commissioner's Response (Doc. No. 18), Magistrate Judge Perkin's Report and Recommendation (Doc. No. 25), the Commissioner's Objections (Doc. No. 26), and Plaintiff's Response and Objections (Doc. No. 30), it is hereby ORDERED that:
1. The Commissioner's Objections (Doc. No. 26) are OVERRULED;
2. Plaintiff's Objections (Doc. No. 30) are OVERRULED;
3. The Report and Recommendation (Doc. No. 25) is APPROVED and ADOPTED;
4. Plaintiff's Request for Review (Doc. No. 12) is GRANTED in part;
5. The final decision of the Commissioner of Social Security is REVERSED and the matter is REMANDED in accordance with the fourth sentence of 42 U.S.C. § 405(g) for further proceedings consistent with this Order;
6. The CLERK OF COURT shall ENTER JUDGMENT in favor of Plaintiff and against the Commissioner; and
7. The CLERK OF COURT shall REMOVE this case from the Civil Suspense Docket and CLOSE this case.
AND IT IS SO ORDERED.
/s/ Paul S . Diamond
Paul S. Diamond, J.