Ballenger v. Commissioner of Social Security

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS No. 6:23-cv-00441 Lisa Michelle Ballenger, Plaintiff, V. Commissioner, Social Security Administration, Defendant.

ORDER Plaintiff Lisa Michelle Ballenger filed this action pursuant to 42 U.S.C. § 405(g) for judicial review of the commissioner’s final deci- sion denying her application for disability benefits. Doc. 1. The case was referred to United States Magistrate Judge K. Nicole Mitchell in accordance with 28 U.S.C. § 636(b).

On February 22, 2024, the magistrate judge issued a report rec- ommending that the Commissioner’s unopposed motion to remand to the Social Security Administration (Doc. 12) be granted. Doc. 13.

The parties did not object to the report and recommendation. When no party objects to a magistrate judge’s report, the court reviews it for clear error. See Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1420 (5" Cir. 1996) (en banc).

Having reviewed the magistrate judge’s report, and being satis- fied that it contains no clear error, the court accepts its findings and recommendation. Defendant’s unopposed motion to reverse with remand and enter judgment (Doc. 12) is granted. Defendant’s unfa- vorable final decision denying plaintiff’s claim for disability insur- ance benefits is reversed, and the matter is remanded for further pro- ceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g).

So ordered by the court on April 1, 2024. —filalae United States District Judge