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Carr v. Astrue

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA NORTHEASTERN DIVISION


July 23, 2010

NORMAN G. CARR, PLAINTIFF,
v.
MICHAEL J. ASTRUE, SOCIAL SECURITY ADMINISTRATION COMMISSIONER, DEFENDANT.

The opinion of the court was delivered by: Ralph R. Erickson, Chief Judge United States District Court

ORDER ADOPTING REPORT AND RECOMMENDATION

Plaintiff Norman G. Carr is seeking judicial review of the final decision of the Commissioner of Social Security denying his application for disability insurance benefits and his application for supplemental social security income. The Court has received a Report and Recommendation from the Honorable Karen K. Klein, United States Magistrate Judge, pursuant to 28 U.S.C. § 636, recommending the decision of the Commissioner be remanded for consideration of a treating physician's opinion regarding Carr's residual functional capacity (Doc. #12). Neither party filed an objection to the Report and Recommendation within the time prescribed by Fed.R.Civ.P. 72(b) and Local Rule 72.1(D)(3).

After carefully reviewing the Report and Recommendation, along with the entire file, the Court agrees with the Magistrate Judge's analysis. Accordingly, the Court hereby adopts the Report and Recommendation in its entirety. For the reasons set forth therein, Plaintiff's Motion for Summary Judgment for reversal is DENIED (Doc. #7), but the case is REMANDED to the Commissioner for consideration of overlooked evidence; and Defendant's Motion for Summary Judgment (Doc. #9) is DENIED.

IT IS SO ORDERED.

LET JUDGMENT BE ENTERED ACCORDINGLY.

20100723

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