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09-423 - SIMPSON v. ASTRUE


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09-423 - SIMPSON v. ASTRUE
March 1, 2010
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ORDERED THAT CHIEF MAGISTRATE JUDGE RUETERS REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. IT IS FURTHER ORDERED THAT PLAINTIFFS REQUEST FOR REVIEW IS GRANTED. IT IS FURTHER ORDERED THAT JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF APRIL SIMPSON AND AGAINST DEFENDANT MICHAEL J. ASTRUE, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION. IT IS FURTHER ORDERED THAT THE DECISION OF THE COMMISSIONER DATED MARCH 27, 2008 AND AFFIRMED BY THE APPEALS COUNCIL ON DECEMBER 22, 2008 WHICH DENIED BENEFITS TO PLAINTIFF APRIL SIMPSON IS REVERSED. IT IS FURTHER ORDERED THAT PURSUANT TO SENTENCE FOUR OF 42 U.S.C. ยง 405(G) THIS MATTER IS REMANDED TO THE COMMISSIONER FOR FURTHER PROCEEDINGS CONSISTENT WITH CHIEF MAGISTRATE JUDGE RUETERS REPORT AND RECOMMENDATION.IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 2/25/10. 3/1/10 ENTERED AND COPIES E-MAILED.(la, )