Summary
holding that subsequent decision was material where the onset date in the second application was one day after the original ALJ's decision, and the second ALJ referenced time frames and information adjudicated by the original ALJ
Summary of this case from Winchell v. Comm'r of Soc. Sec.Opinion
12-CV-269A
08-27-2013
DARCEL LAKAY CLEMONS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant.
ORDER
The above-referenced case was referred to Magistrate Judge Hugh B. Scott, pursuant to 28 U.S.C. § 636(b)(1)(B). On August 7, 2013, Magistrate Judge Scott filed a Report and Recommendation, recommending that the Commissioner's motion for judgment on the pleadings be denied, plaintiff's motion for similar relief be granted in part, and the case remanded for further administrative proceedings consistent with the Report and Recommendation..
The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Scott's Report and Recommendation, the Commissioner's motion for judgment on the pleadings is denied, plaintiff's motion for similar relief is granted in part, and the case is remanded for further administrative proceedings consistent with the Report and Recommendation.
The Clerk of Court shall take all steps necessary to close the case.
SO ORDERED.
/s/_________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE DATED:August 27, 2013