Opinion
1:21-cv-726
03-09-2023
STEPHANIE DIENNE WALL, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
ORDER
This matter is before this court for review of the Memorandum Opinion and Recommendation (“Recommendation”) filed on February 21, 2023, by the Magistrate Judge in accordance wit 28 U.S.C. § 636(b). (Doc. 15.) In the Recommendation, the Magistrate Judge recommends that the Commissioner's decision finding no disability be reversed, and that the matter be remanded to the Commissioner under sentence four of 42 U.S.C. § 405(g). The Magistrate Judge further recommends that Defendant' Motion for Judgment on the Pleadings, (Doc. 13), should be denied and that Plaintiff's Motion for Judgment Reversing and Remanding the Decision of the Commissioner of Social Security, (Doc. 8), should be granted. The Recommendation was served on the parties to this action on February 21, 2023. (Doc. 15.) 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. 15), is ADOPTED. IT IS FURTHER ORDERED that the Commissioner's decision finding no disability is REVERSED and that the matter is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g). The Commissioner is directed to remand the matter to the Administrative Law Judge for further administrative proceedings. To this extent, the Commissioner's Motion for Judgment on the Pleadings, (Doc. 13), is DENIED and Plaintiff's Motion for Judgment Reversing and Remanding the Decision of the Commissioner of Social Security, (Doc. 8), is GRANTED to the extent set out in the Recommendation.
A Judgment dismissing this action will be entered contemporaneously with this Order.