Opinion
3:23-cv-268
06-24-2024
SAMANTHA K., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Karen L. Litkovitz Magistrate Judge
DECISION AND ENTRY
THOMAS M. ROSE UNITED STATES DISTRICT JUDGE
The Court has reviewed the Report and Recommendations of United States Magistrate Judge Karen L. Litkovitz (Doc. No. 14), to whom this case was originally referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby ADOPTS said Report and Recommendations.
The Court ORDERS that:
(1) Plaintiff's statement of errors (Doc. No. 10) is SUSTAINED;
(2) The Commissioner's prior finding shall be REVERSED;
(3) This case shall be REMANDED to the Social Security Administration under Sentence Four of Section 405 of the Social Security Act, 42 U.S.C. § 405(g), for an immediate award of benefits based on plaintiff's April 17, 2009 DIB application (protectively filed) and March 31, 2009 SSI application (protectively filed); and
(4) This case is TERMINATED on this Court's docket.