IN THE UNITED STATES DISTRICT COURT March 12, 2021 FOR THE SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION

MELODY D. MCGOWAN, § § Plaintiff, § § vs. § CIVIL ACTION NO. H-20-282 § ANDREW SAUL, § Commissioner of the Social Security § Administration, § § Defendant. §

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION, DENYING THE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, GRANTING THE PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, AND REMANDING

This court has reviewed the Memorandum and Recommendation on Cross-Motions for Summary Judgment of the United States Magistrate Judge signed on January 6, 2021, and made a de novo determination. Fed. R. Civ. P. 72(b) ;

(b)(1)(C); United States v. Wilson,

(5th Cir. 1989). Based on the pleadings, the record, and the applicable law, the court adopts the Memorandum and Recommendation as this court’s Memorandum and Order. This court finds and concludes that the Administrative Law Judge’s decision denying social security benefits was not supported by substantial evidence in the record and that the Administrative Law Judge’s decision on McGowan’s Residual Functional Capacity was not supported by substantial evidence. McGowan’s motion for summary judgment, (Docket Entry No. 10), is granted, and the Commissioner’s cross-motion for summary judgment, (Docket Entry No. 11), is denied. This matter is remanded under sentence four of

(g), with instructions to the Administrative Law Judge to further develop the record consistent with this order. An order of dismissal is separately entered. SIGNED on March 10, 2021, at Houston, Texas. LM. Orven lo Lee H. Rosenthal Chief United States District Judge