RUTH v. ASTRUE

AND NOW, this 31st day of May, 2011, upon careful consideration of plaintiff Joel Raymond Ruth's request for review and the Commissioner's response thereto, and after careful and independent review of the magistrate judge's report and recommendation, plaintiff's objections thereto, and the Commissioner's response, IT IS HEREBY ORDERED that

1. plaintiff's objections are SUSTAINED IN PART and DENIED IN PART;

2. the conclusions in the report and recommendation of the United States Magistrate Judge are APPROVED AND ADOPTED IN PART and DENIED IN PART;

3. plaintiff's request for review is GRANTED to the extent that the matter is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the accompanying memorandum, and JUDGMENT IS ENTERED REVERSING the decision of the Commissioner for the purposes of this remand only; and

4. the clerk shall CLOSE this case for statistical purposes.