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17-084 - Brooks v. Commissioner of Social Security


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17-084 - Brooks v. Commissioner of Social Security
January 5, 2018
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REPORT AND RECOMMENDATION1 THAT: (1) THE ALJS NON-DISABILITY FINDING BE FOUND UNSUPPORTED BY SUBSTANTIAL EVIDENCE, AND REVERSED; (2) THIS MATTER BE REMANDED TO THE COMMISSIONER UNDER THE FOURTH SENTENCE OF 42 U.S.C. § 405(g) FOR PROCEEDINGS CONSISTENT WITH THIS OPINION; AND (3) THIS CASE BE CLOSED - IT IS THEREFORE RECOMMENDED THAT: 1. The Commissioners non-disability finding be found unsupported by substantial evidence, and REVERSED; 2. This matter be REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for proceedings consistent with this opinion; and 3. This case be CLOSED. Objections to R&R due by 1/19/2018. Signed by Magistrate Judge Michael J. Newman on 1/5/2018. (srb)
January 22, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court has reviewed the Report and Recommendation of United States Magistrate Judge Michael J. Newman (Doc. # 13), to whom this case was 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 Recommendation. Accordingly, it is hereby ORDERED that: 1. The Report and Recommendation (minated on the docket of this Court. Signed by Judge Walter H. Rice on 1/22/2018. (srb)Doc. # 13) is ADOPTED in full; 2. The Commissioner'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) for further proceedings; and 4. This case is ter