Summary
In Case v. Astrue, No. 09-2058-KHV/GBC, 2009 WL 5210844 (D. Kan. Dec. 23, 2009), the District of Kansas addressed arguments similar to those advanced by Plaintiff and the Commissioner in this case, and the Court finds the District of Kansas' conclusion and rationale in in that case persuasive.
Summary of this case from Morris v. SaulOpinion
CIVIL ACTION No. 09-2058-KHV-GBC.
December 23, 2009
ORDER
Rose Case appeals the final decision of the Commissioner of Social Security denying disability insurance benefits under Section 216(i) and 223 of the Social Security Act, 42 U.S.C. §§ 416(i), 423. On November 23, 2009, Magistrate Judge Gerald B. Cohn recommended that the Commissioner's decision be reversed and that the case be remanded pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further proceedings. See Report And Recommendation (Doc. #11). The deadline for filing written objections to the report and recommendation was December 8, 2009. The parties have not objected. The Court hereby adopts the Report And Recommendation (Doc. #11) in its entirety. IT IS THEREFORE ORDERED that the Commissioner's decision be and hereby is REVERSED. This case is REMANDED pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further proceedings consistent with the Report And Recommendation (Doc. #11) filed November 23, 2009.