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Smith v. Astrue

May 21, 2008

SCOTT E. SMITH, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Judge Mattice

ORDER

On April 17, 2008, United States Magistrate Judge William B. Carter filed his report and recommendation [Court Doc. 19] pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Neither party filed objections within the given 10 days.

After reviewing the record, the Court agrees with Magistrate Judge Carter's report and recommendation. The Court thus ACCEPTS and ADOPTS Magistrate Judge Carter's findings of fact, conclusions of law, and recommendations pursuant to § 636(b)(1) and Rule 72(b).

Accordingly, the Court ORDERS that Defendant's Motion for Summary Judgment [Court Doc. 17] is GRANTED IN PART and DENIED IN PART. Plaintiff's Motion for Judgment on the Administrative Record [Court Doc. 13] is GRANTED IN PART and DENIED IN PART. Defendant's denial of Plaintiff's disability and disability insurance benefits under Title II is AFFIRMED. Defendant's denial of Plaintiff's Supplemental Social Security Income benefits under Title XVI is REVERSED and the case is REMANDED pursuant to Sentence Four of 42 U.S.C. § 405(g) for further proceedings consistent with Magistrate Judge Carter's report and recommendation.

SO ORDERED this 21st day of May, 2008.

HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE

20080521

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