Guthrie v. Berryhill
Barbara Ann Guthrie |
Nancy A Berryhill |
3:2017cv01114 |
April 27, 2017 |
US District Court for the Northern District of Texas |
Dallas Office |
Johnson |
Sam A Lindsay |
Renee Harris Toliver |
Disability Insurance |
42 U.S.C. ยง 402 |
None |
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Filing 20 Order accepting in part and rejecting in part 19 Findings and Recommendations on Motion re: 16 Motion for Summary Judgment, 17 Motion for Summary Judgment. The court accepts the findings and conclusions of the Report recommending revers al of the Commissioner's decision with respect to Plaintiff's application for disability insurance benefits under Title II and Part A of Title XVIII of the Social Security Act, and accepts them as those of the court. Accordingly, the court grants Plaintiff's Motion for Summary Judgment as to her disability insurance benefits on the grounds that the Commissioner's decision was not supported by substantial evidence, and remands the claim for further administrative proceedings. Even though Defendant raised no objections to the magistrate judge's Report as to Plaintiffs SSI claim, the court determines that it should be dismissed without prejudice for failure to exhaust the necessary administrative remedies. (Ordered by Judge Sam A Lindsay on 9/13/2018) (epm) |
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Plaintiff: Barbara Ann Guthrie | |
Represented By: | Ronald D Honig |
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Defendant: Nancy A Berryhill | |
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