Opinion
Case No.: 3:07cv223/MCR/EMT.
January 11, 2008
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated December 12, 2007. The parties have been furnished a copy of the report and recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.
Having considered the report and recommendation, and any objections thereto timely filed, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. Defendant's Motion to Remand (Doc. 16) is GRANTED and the Commissioner's decision denying benefits is REVERSED.
3. This case is REMANDED to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. § 405(g).
4. Defendant is ordered to conduct proceedings in accordance with the Report and Recommendation (Doc. 17).
5. A final judgment shall be entered pursuant to Rule 58 of the Federal Rules of Civil Procedure.
DONE AND ORDERED.