Opinion
Case No. 3:19-cv-110
11-20-2019
ELIZABETH WOLDER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Magistrate Judge Michael J. Newman
ORDER AND ENTRY: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (DOC. 17); (2) REVERSING THE COMMISSIONER'S NON-DISABILITY DETERMINATION; (3) REMANDING THIS CASE UNDER THE FOURTH SENTENCE OF 42 U.S.C.§ 405(G) TO DETERMINE PLAINTIFF'S DISABILITY ONSET DATE AND FOR AN IMMEDIATE AWARD OF BENEFITS; (4) DENYING THE COMMISSIONER'S MOTION TO REMAND (DOC. 12) AS MOOT; AND (5) TERMINATING THIS CASE ON THE COURT'S DOCKET
The Court has reviewed the Report and Recommendation of United States Magistrate Judge Michael J. Newman (doc. 17), to whom this case was referred under 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 Recommendation. Accordingly, it is hereby ORDERED that: (1) the Report and Recommendation (doc. 17) is ADOPTED in its entirety; (2) the ALJ's non-disability determination is REVERSED; (3) this matter is REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) to determine Plaintiff's disability onset date and for an immediate award of benefits; (4) DENYING AS MOOT the Commissioner's motion to remand (doc. 12); and (5) this case is TERMINATED on the Court's docket.
IT IS SO ORDERED. Date: November 20, 2019
*s/Thomas M. Rose
Thomas M. Rose
United States District Judge