Sevene v. Commissioner of Social Security

Full title: Edwin C. Sevene, Plaintiff, v. Commissioner of Social Security, Defendant

Court: United States District Court, D. Vermont

Date published: Oct 4, 2011

File No. 2:10 CV 302 (D. Vt. Oct. 4, 2011)

Opinion

File No. 2:10 CV 302.

October 4, 2011

ORDER

WILLIAM SESSIONS III, District Judge

The Report and Recommendation of the United States Magistrate Judge was filed September 15, 2011. After careful review of the file and the Magistrate Judge's Report and Recommendation, no objections having been filed by any party, this Court ADOPTS the Magistrate Judge's recommendations in full for the reasons stated in the Report.

The Commissioner's Motion for Order Affirming Decision (Doc. 9) is DENIED and Plaintiff's Motion To Reverse Decision of SSA (Doc. 5) is hereby GRANTED, IN PART, in that the matter is remanded for a new hearing to reassess the evidence and further development of the record. The portion of Plaintiff's motion seeking an award of benefits and a remand for a calculation of benefits is DENIED. It is further ordered that the portion of Plaintiff's motion consisting of an unsubstantiated request that the case be assigned to a different ALJ and that time limits be specified on remand is DENIED.