The opinion of the court was delivered by: James Knoll Gardner United States District Judge
NOW, this 26 th day of September, 2012, upon consideration of the following documents:
(1) Decision of Administrative Law Judge Daniel L. Rubini dated November 2, 2009;
(2) Civil Complaint filed by plaintiff on April 20, 2011;
(3) Answer filed by defendant on June 20, 2011;
(4) Plaintiff's Brief and Statement of Issues in Support of Request for Review, which brief and statement of issues was filed July 21, 2011;
(5) Defendant's Response to Request for Review of Plaintiff, which response was filed on September 22, 2011;
(6) Plaintiff's Reply to Defendant's Response to Request for Review by Plaintiff, which reply was filed on September 29, 2011; and
(7) Report and Recommendation of United States Magistrate Judge Timothy R. Rice filed April 26, 2012 ("R & R");
after a thorough review of the record in this matter; it appearing that neither party filed objections to Magistrate Judge Rice's Report and Recommendation; it further appearing that Magistrate Judge Rice's Report and Recommendation correctly determined the legal and factual issues presented in this case,
IT IS ORDERED that Magistrate Judge Rice's Report and Recommendation is approved and adopted.
IT IS FURTHER ORDERED that plaintiff's request for review is granted.
IT IS FURTHER ORDERED that plaintiff's request for reversal of the decision of the Commissioner dated November 2, 2009, as affirmed by the Appeals Council on March 17, 2011 (which denied plaintiff's application for disability insurance benefits), is denied.
IT IS FURTHER ORDERED that pursuant to sentence four of 42 U.S.C. § 405(g), this matter is remanded to the Commissioner for further proceedings consistent with ...