CARIE ZUMWALT, Plaintiff, v. MICHAEL ASTRUE, Commissioner, Social Security Administration, Defendant.

Case No. CIV-09-936-M.United States District Court, W.D. Oklahoma.
August 31, 2010


On August 9, 2010, United States Magistrate Judge Shon T. Erwin issued a Report and Recommendation in this action brought pursuant to 42 U.S.C. § 405(g) for judicial review of the final decision of the Commissioner of the Social Security Administration (“Commissioner”) denying plaintiff’s application for benefits. The Magistrate Judge recommended the Commissioner’s decision be reversed and remanded for further administrative proceedings. The parties were advised of their right to object to the Report and Recommendation by August 30, 2010. A review of the file reveals no objection has been filed.

Upon de novo review, the Court:

(1) ADOPTS the Report and Recommendation issued by the Magistrate Judge on August 9, 2010;
(2) REVERSES the decision of the Commissioner;
(3) REMANDS for further administrative proceedings consistent with the Report and Recommendation; and

Page 2

(4) ORDERS that judgment issue forthwith in accordance with the provisions of 42 U.S.C. § 405(g).

IT IS SO ORDERED this 31st day of August, 2010.