From Casetext: Smarter Legal Research

Wilkinson v. Astrue

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
Sep 20, 2013
CIVIL ACTION NO.: 12-00059-BAJ-SCR (M.D. La. Sep. 20, 2013)

Opinion

CIVIL ACTION NO.: 12-00059-BAJ-SCR

2013-09-20

CINDY ANN WILKINSON v. MICHAEL J. ASTRUE, ET AL.


RULING AND ORDER

On August 30, 2013, United States Magistrate Judge Stephen C. Riedlinger issued a report and recommendation, pursuant to 28 U.S.C. § 636(b)(1)(B), recommending that the final decision of Defendant Commissioner Michael J. Astrue ("Astrue") be reversed, and that this matter be remanded to Astrue for reevaluation of Plaintiff Cindy Ann Wilkinson's ("Wilkinson") claim for benefits. (Doc. 20.)

The Magistrate Judge's Report specifically notified Astrue that, pursuant to 28 U.S.C. § 636(b)(1), he had fourteen (14) days from the date he received the Report to file written objections to the proposed findings of fact, conclusions of law, and recommendations set forth therein. (Doc. 20, p. 1.) A review of the record indicates that Astrue did not file written objections to the Magistrate Judge's Report.

Having carefully considered the Magistrate Judge's Report, the record, and the applicable law, the Court concludes that the Magistrate Judge's Report is correct, and hereby adopts its findings of fact, conclusions of law, and recommendation.

Accordingly,

IT IS ORDERED that the Magistrate Judge's Report (Doc. 20) is ADOPTED as the Court's opinion herein.

IT IS FURTHER ORDERED that Social Security Commissioner Michael J. Astrue's decision denying Plaintiff Cindy Ann Wilkinson's application for supplemental security income benefits is REVERSED.

IT IS FURTHER ORDERED that the above-captioned matter is REMANDED to Social Security Commissioner Michael J. Astrue for reevaluation of Plaintiff Cindy Ann Wilkinson's claim for benefits.

Baton Rouge, Louisiana, this 20th day of September, 2013.

___________________________________

BRIAN A. JACKSON, CHIEF JUDGE

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF LOUISIANA


Summaries of

Wilkinson v. Astrue

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA
Sep 20, 2013
CIVIL ACTION NO.: 12-00059-BAJ-SCR (M.D. La. Sep. 20, 2013)
Case details for

Wilkinson v. Astrue

Case Details

Full title:CINDY ANN WILKINSON v. MICHAEL J. ASTRUE, ET AL.

Court:UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Sep 20, 2013

Citations

CIVIL ACTION NO.: 12-00059-BAJ-SCR (M.D. La. Sep. 20, 2013)

Citing Cases

Conley v. Colvin

Moreover, even if the ALJ's explanation was not sufficient under Audler, the substantial rights of the…