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13-5451 - SMITH v. COMMISSIONER OF SOCIAL SECURITY


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13-5451 - SMITH v. COMMISSIONER OF SOCIAL SECURITY
September 19, 2016
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SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/13/16. 9/19/16 ENTERED AND COPIES E-MAILED.(er, )ORDER ADOPTING REPORT AND RECOMMENDATIONS THAT MAGISTRATE JUDGE PERKIN'S REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. IT IS FURTHER ORDERED THAT PLAINTIFF'S REQUEST FOR REVIEW IS GRANTED. IT IS FURTHER ORDERED THAT PLAINTIFF'S REQUEST FOR REMAND IS GRANTED. IT IS FURTHER ORDERED THAT JUDGMENT IS ENTERED IN FAVOROF PLAINTIFF BELINDA DARDEN SMITH, AND AGAINST DEFENDANT CAROLYN W. COLVIN, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION. IT IS FURTHER ORDERED THAT THE DECISION OF THE COMMISSIONER DATED FEBRUARY 16, 2012 AND AFFIRMED BY THE APPEALS COUNCIL ON JULY 23, 2013 WHICH DENIED BENEFITS TO PLAINTIFF BELINDA DARDEN SMITH 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 IN ACCORDANCE WITH MAGISTRATE JUDGE PERKIN'S REPORT AND RECOMMENDATION. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL PURPOSES