Opinion
6:22-cv-2191-ACC-LHP
10-04-2023
BRIAN TIMOTHY DONAHUE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
ANNE C. CONWAY, United States District Judge
This cause is before the Court on an appeal from the final decision of the Commissioner of Social Security denying Plaintiff's applications for Supplemental Security Income (“SSI”) and disability insurance benefits (“DIB”). (Doc. 1).
The United States Magistrate Judge has submitted a report recommending that the final decision be reversed and remanded.
After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1. The Report and Recommendation filed on September 18, 2023 (Doc. 17) is ADOPTED and CONFIRMED and made a part of this Order.
2. The final decision of the Commissioner of Social Security denying Plaintiff's applications for SSI and DIB is hereby REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g).
3. The Clerk is DIRECTED to enter judgment in favor of Claimant Brian Timothy Donahue and against the Commissioner of Social Security.
4. The Clerk is directed to CLOSE the file and terminate all pending motions as moot.
DONE and ORDERED.