Opinion
NO. 10-4126
02-01-2012
KIMBERLY A. FINFROCK, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant.
CIVIL ACTION
AND NOW, this 17 day of January, 2012, upon consideration of Plaintiff's Brief and Statement of Issues in Support of Request for Review; (Dkt. No. 10) filed January 6, 2011; upon consideration of Defendant's Response to Request for Review of Plaintiff (Dkt. No. 13) filed March 9, 2011; upon consideration of Plaintiff's Reply Brief (Docket No. 14) filed March 28, 2011; and after review of the Report and Recommendation of United StatesMagistrate Judge Henry S. Perkin dated November 30, 2011, IT IS ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. JUDGMENT IS ENTERED REVERSING THE DECISION OF THE COMMISSIONER OF SOCIAL SECURITY for the purposes of this remand only and the relief sought by Plaintiff is GRANTED to the extent that the matter is REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) and in accordance with the Report and Recommendation;
3. In all other respects, Plaintiff's motion for summary judgment is DENIED; and
4. The Clerk of Court shall CLOSE this matter statistically.
BY THE COURT:
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WILLIAM H. YOHN, JR, J.