Opinion
Civil Action No. S-01-2031
September 6, 2002
ORDER
Upon de novo review of the Magistrate Judge's Report and Recommendation entered August 12, 2002, and upon the expiry of the time for taking exception thereto, neither party having filed any objections to the said Report and Recommendation, it is, this 6th day of September, 2002, ORDERED:
1. That the Magistrate Judge's Report and Recommendation BE, and it hereby IS, AFFIRMED and ADOPTED;
2. That the parties' cross-motions motion for summary judgment BE, and they hereby ARE, DENIED;
3. That the decision of the Commissioner BE, and it hereby IS, REVERSED;
4. That this case BE, and the same hereby IS, REMANDED to the jurisdiction of the Commissioner of the Social Security Administration for the institution of further proceedings in accordance with the Magistrate Judge's Report and Recommendation within sixty days of the date hereof; and
5. That the Clerk of Court mail copies of this Order to counsel for the parties and to Magistrate Judge Paul Grimm. Frederic N. Smalkin, Chief U.S. District Judge