Opinion
1:22-cv-1040
01-29-2024
LANCE SWEARINGEN Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
ORDER
On December 6, 2023, the United States Magistrate Judge's Recommendation (“Recommendation”) was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 9, 10.) No objections were filed within the time limits prescribed by Section 636.
Therefore, the court need not make a de novo review and the Magistrate Judge's Recommendation is hereby adopted.
IT IS THEREFORE ORDERED that the Magistrate Judge's Recommendation, (Doc. 9), is ADOPTED. IT IS FURTHER ORDERED that the Commissioner's decision finding no disability is REVERSED, and this matter is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g). The commissioner is directed to remand this matter to the ALJ for proceedings consistent with the Magistrate Judge's Recommendation. To the extent that Plaintiff seeks an immediate award of benefits, that request is DENIED.
A Judgment remanding this action will be filed contemporaneously herewith.