Opinion
No.: 3:08-CV-222.
July 17, 2009
ORDER
This Social Security appeal is before the Court on the Report and Recommendation filed by United States Magistrate Judge C. Clifford Shirley on June 23, 2009. [Doc. 13.] There have been no timely objections to the Report and Recommendation, and enough time has passed since the filing of the Report and Recommendation to treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). Magistrate Judge Shirley found that the defendant Commissioner's motion for summary judgment [Doc. 11] should be denied and that plaintiff's motion for summary judgment [Doc. 9] should be granted for purposes of remanding the case for further consideration by the defendant Commissioner.
The Court has carefully reviewed this matter, including the underlying pleadings. [Docs. 9, 10, 11, 12.] The Court is in agreement with Magistrate Judge Shirley's recommendation which the Court adopts and incorporates into its ruling. Accordingly, the Court ACCEPTS IN WHOLE the Report and Recommendation [Doc. 13.] Additionally, it is ORDERED that: Plaintiff's motion for summary judgment [Doc. 9] is GRANTED only for remanding the case; the Commissioner's motion for summary judgment [Doc. 11] is DENIED; the Commissioner's decision in this case denying plaintiff's application for benefits under the Social Security Act is REVERSED; and this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for a new hearing consistent with this opinion and Magistrate Judge Shirley's Report and Recommendation.
IT IS SO ORDERED.