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Williams v. Astrue

April 14, 2008

RICHARD L. WILLIAMS, PLAINTIFF
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT



The opinion of the court was delivered by: Judge Caldwell

Magistrate Judge Smyser

ORDER

AND NOW, this 14th day of April, 2008, upon consideration of the report (doc. 10) of the Magistrate Judge, filed March 14, 2008, to which no objections were filed, and upon independent consideration of Defendant's motion to remand (doc. 8), which was unopposed, it is ordered that:

1. The Magistrate Judge's report is adopted;

2. Defendant's unopposed motion to remand is granted;

3. This matter is remanded to the Administrative Law Judge for further proceedings and a new decision;

4. The proceedings and decision shall include: a credibility determination as to Anne Fisher; a discussion of Plaintiff's offer of proof from Alan Hallibaugh and Gary Hardy; a credibility determination as to Hallibaugh and Hardy; and a discussion of Plaintiff's credibility in light of the testimony of Fisher, Hallibaugh, and Hardy.

William W. Caldwell United States District Judge

20080414

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