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Rasco v. Berryhill

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
Jan 25, 2018
CIVIL ACTION NO. 4:17-cv-946 (S.D. Tex. Jan. 25, 2018)

Opinion

CIVIL ACTION NO. 4:17-cv-946

01-25-2018

DEDRICK J. RASCO, Plaintiff, v. NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.


MEMORANDUM AND ORDER

Plaintiff Dedrick J. Rasco filed a Complaint on March 27, 2017, seeking judicial review of the denial of an application for Social Security benefits. On October 4, 2017, this Court referred the case to United States Magistrate Judge Dena Palermo for report and recommendation on dispositive motions. Order [Doc. # 8]. See 28 U.S.C. § 636(b)(1)(B). On January 5, 2018, Magistrate Judge Palermo issued a Report and Recommendation on Cross-Motions for Summary Judgment (the "Report and Recommendation") [Doc. # 11] recommending summary judgment in favor of Plaintiff. The time for objections to the Report and Recommendation has expired without any objections being filed. The Court finds that the Magistrate Judge's Report and Recommendation is well founded, and that the Magistrate Judge's recommended disposition should be adopted. It is therefore

Since there are no objections, the Court has not made a de novo review of this matter. See 28 U.S.C. § 636(b)(1). --------

ORDERED that the Report and Recommendation [Doc. # 11] is ADOPTED as this Court's Memorandum and Order. If is further

ORDERED that the Commissioner's Motion for Summary Judgment [Doc. # 10] is DENIED. It is further

ORDERED that Plaintiff's Motion for Summary Judgment [Doc. # 7] is GRANTED. The administrative law judge's decision denying Plaintiff benefits is VACATED, and this case is REMANDED back to the administrative law judge for further proceedings consistent with this Memorandum and Order.

A final judgment will be entered separately.

SIGNED at Houston, Texas, this 25th day of January, 2018.

/s/_________

NANCY F. ATLAS

SENIOR UNITED STATES DISTRICT JUDGE


Summaries of

Rasco v. Berryhill

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
Jan 25, 2018
CIVIL ACTION NO. 4:17-cv-946 (S.D. Tex. Jan. 25, 2018)
Case details for

Rasco v. Berryhill

Case Details

Full title:DEDRICK J. RASCO, Plaintiff, v. NANCY A. BERRYHILL, ACTING COMMISSIONER OF…

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Date published: Jan 25, 2018

Citations

CIVIL ACTION NO. 4:17-cv-946 (S.D. Tex. Jan. 25, 2018)

Citing Cases

Kennerson v. U.S. Comm'r, Soc. Sec. Admin.

See Stacy G. D. v. Berryhill, 2019 WL 1315890, at *10; Ayala v. Berryhill, No. 4:17-CV-00783-O-BP, 2018 WL…