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08-2252 - Dvorak v. Social Security Administration, Commissioner of


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08-2252 - Dvorak v. Social Security Administration, Commissioner of
August 22, 2008
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REPORT AND RECOMMENDATIONS re 4 MOTION to Remand Pursuant to Sentence Six of 42 U.S.C. § 405(g) filed by Commissioner of Social Security, recommending the motion be granted. Objections to R&R due by 9/8/2008. Signed by Magistrate Judge John T. Reid on August 22, 2008.(aeq)
September 22, 2008
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ORDER adopting the Magistrate's 6 Report and Recommendations, and granting defendant's 4 Motion to Remand Pursuant to Sentence Six of 42 U.S.C. § 405(g). This case is remanded for further administrative proceedings as necessary to determine whether plaintiff is disabled within the meaning of the Social Security Act. Pursuant to sentence six of § 405(g), the court retains jurisdiction over the matter and judgment should not be entered. Within ten days of the filing of the transcript by the Commissioner the plaintiff shall either file an amended complaint or a stipulation of dismissal. Signed by District Judge John W. Lungstrum on 09/19/08. (mg)