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Lawson v. Astrue

August 27, 2008

BOBBY R. LAWSON, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Thomas W. Phillips United States District Judge

(Phillips/Shirley)

ORDER

On July 30, 2008, the Honorable C. Clifford Shirley, United States Magistrate Judge, issued a fifteen-page Report and Recommendation ("R&R") [Doc. 14], in which he recommended that plaintiff's Motion for Judgment on the Pleadings [Doc. 9] be granted in part and the Commissioner's Motion for Summary Judgment [Doc. 11] be denied. The deadline for timely objections has passed with no such objections having been filed. Accordingly, the R&R is ACCEPTED IN WHOLE, which the court adopts and incorporates into this ruling. Plaintiff's Motion for Judgment on the Pleadings [Doc. 9] is GRANTED in part, insofar as it seeks alternative relief for remand, and the Commissioner's Motion for Summary Judgment [Doc. 11] is DENIED, whereby the Commissioner's decision is REVERSED and this action REMANDED to the Commissioner under sentence four of 42 U.S.C. 405(g) for further consideration consistent with the R&R. .

IT IS SO ORDERED.

20080827

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