Opinion
No. C10-1376RSL
09-22-2011
NICKY D. HASHBARGER, Plaintiff, v. MICHAEL J. ASTRUE, Defendant.
ORDER REMANDING MATTER TO COMMISSIONER OF SOCIAL SECURITY
This matter comes before the Court on the Report and Recommendation of the Honorable Mary Alice Theiler, United States Magistrate Judge, and the parties' objections thereto. Having considered the parties' submissions and the remainder of the record, the Court does hereby find and ORDER:
Although plaintiff's objections were untimely filed, they have been considered by the Court.
(1) The Court adopts the Report and Recommendation.
(2) The final decision of the Commissioner is REVERSED and this case is REMANDED to the Social Security Administration for further proceedings not inconsistent with the Report and Recommendation.
(3) On remand, the Commissioner may reevaluate plaintiff's credibility in light of plaintiff's personality disorder and any new evidence presented.
Robert S. Lasnik
United States District Judge