Opinion
No. 2:98-CV-0126
February 8, 2001
Came on to be heard the above-referenced and numbered cause in which plaintiff MIGUEL V. CHAVEZ appeals the decision by defendant KENNETH S. APFEL, Commissioner of the Social Security Administration (Commissioner), finding plaintiff not disabled.
The Report and Recommendation of the United States Magistrate Judge was issued and filed on January 17, 2001. On January 31, 2001, defendant filed a response to the Report and Recommendation, stating that it does not object to the decision made in the Report and Recommendation. No objections to the Report and Recommendation were filed of record by the plaintiff.
The Court has considered the Report and Recommendation of the United States Magistrate Judge and has made an independent examination of the records in this case. The Court hereby ADOPTS the Report and Recommendation of the United States Magistrate Judge, and REMANDS this matter to the defendant Commissioner for further administrative proceeding consistent with the Report and Recommendation of the Magistrate Judge. Accordingly, the Commissioner's decision finding plaintiff not disabled and not entitled to benefits is VACATED.
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
The Clerk will mail a copy of this Order to plaintiff and to any attorney of record by first class mail.
JUDGMENT
The undersigned United States District Judge has entered an Order vacating the defendant Commissioner's decision finding plaintiff not disabled and not entitled to benefits, and remanding this matter to the defendant Commissioner for further administrative proceedings consistent with the Report and Recommendation of the Magistrate Judge.
JUDGMENT IS ENTERED ACCORDINGLY.