Cook v. Astrue, No. 2:2011cv00485 - Document 10 (S.D.W. Va. 2012)
Court Description: MEMORANDUM OPINION AND ORDER directing as follows: that the 9 Proposed Findings and Recommendation by Magistrate Judge is adopted and incorporated herein; and that the decision of the Commissioner is hereby reversed and this claim is remanded to the Commissioner pursuant to the fourth sentence of 42 U.S.C.A. § 405(g) for the purpose of awarding benefits. Signed by Judge John T. Copenhaver, Jr. on 6/25/2012. (cc: attys; Magistrate Judge Stanley) (cbo)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON DAVID JOE COOK, Plaintiff v. Civil Action No.: 2:11-0485 MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant MEMORANDUM OPINION AND ORDER The court has received the Proposed Findings and Recommendation (PF&R) of United States Magistrate Judge Mary E. Stanley, entered on May 2, 2012. The magistrate judge recommends that the court reverse the Commissioner s final decision and remand the claim pursuant to the fourth sentence of 42 U.S.C.A. § 405(g) for the purpose of awarding benefits. Inasmuch as neither party has objected to the PF&R, and following a de novo review, the court concludes the recommended disposition is correct. It is, accordingly, ORDERED as follows: 1. That the PF&R be, and it hereby is, adopted by the 1 court and incorporated herein; 2. That decision of the Commissioner be, and it hereby is, reversed and this claim is remanded to the Commissioner pursuant to the fourth sentence of 42 U.S.C.A. § 405(g) for the purpose of awarding benefits. The Clerk is directed to forward copies of this written opinion and order to all counsel of record and the magistrate judge. ATED: John T. Copenhaver, Jr. United States District Judge 2
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