Opinion
CIVIL ACTION NO. 12-424
02-11-2013
THOMAS BRUNNER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant.
ORDER
AND NOW, this 8th day of February, 2013, upon careful and independent consideration of the parties' briefs and the Report and Recommendation of U.S. Magistrate Judge Elizabeth T. Hey, it is hereby ORDERED as follows:
1. The Report and Recommendation (ECF No. 15) is APPROVED and ADOPTED;
2. Plaintiff's Request for Review is GRANTED; and
3. This matter is REMANDED to the Commissioner for further proceedings consistent with the Report and Recommendation.
Neither party filed objections to the Magistrate Judge's Report and Recommendation.
It is further ORDERED that the Clerk of the Court shall enter JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT and shall mark this case as closed for statistical purposes.
In a sentence four case, "[t]he district court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or revising the decision of the Secretary, with or without remanding the cause for a rehearing. . . ." Shalala v. Schaefer, 509 U.S. 292, 296 n.1 (1993) (citing 42 U.S.C. § 405(g) (2006)).
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AND IT IS SO ORDERED.
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EDUARDO C. ROBRENO , J.