JENKINS v. ASTRUE
| PORTIA D JENKINS |
| MICHAEL J. ASTRUE |
| SOCIAL SECURITY ADMINISTRATION |
| 1:2012cv01251 |
| November 21, 2012 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Randolph |
| WILLIAM L. OSTEEN |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 205 Denial Social Security Benefits |
| None |
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Filing
19
MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 6/3/2015. ORDERED that the Magistrate Judge's Recommendation (Doc. 15 ) is ADOPTED IN PART. FURTHER that Defendant's decision finding no disa bility is REVERSED and that this matter is REMANDED under sentence four of 42 U.S.C. § 405(g), for further administrative proceedings, consistent with this Memorandum Opinion and Order, to determine whether Plaintiff had def icits in adaptive functioning that satisfy the disability listing in 20 C.F.R. pt. 404, subpt. P, app. 1, § 12.05C, including, but not limited to, specifically addressing the opinion of Dr. Villarosa. As a result, Defendant's moti on for judgment on the pleadings (Doc. 12 ) is DENIED and Plaintiff's motion for judgment on the pleadings (Doc. 10 ) is GRANTED IN PART and DENIED IN PART, as this court declines to enter an immediate award of benefits. A judgment consistent with this Memorandum Opinion and Order will be entered contemporaneously herewith. (Butler, Carol)
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Filing
15
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 2/2/2015; that the Commissioner's decision finding no disability be affirmed, Defendant's motion for judgment on the pleadings (Docket Entry 12 ) be granted, Plaintiff's motion for judgment on the pleadings (Docket Entry 10 ) be denied, and this action be dismissed with prejudice. (Sheets, Jamie)
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