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Case 5:12-cv-00528-HE Document 17 Filed 09/19/13 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF OKLAHOMA

NEIL S. DOMINGO,

vs.

Plaintiff,

CAROLYN W. COLVIN,
Acting Commissioner of the Social
Security Administration,

Defendant.

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ORDER

NO. CIV-12-0528-HE



Plaintiff Neil S. Domingo Bailey, filed this action seeking judicial review of the final

decision of the Commissioner of the Social Security Administration denying his application

for disability insurance benefits. Consistent with 28 U.S.C. § 636(b)(1)(B), the case was

referred to Magistrate Judge Shon T. Erwin, who recommends that the Commissioner’s

decision be reversed and the matter remanded for further proceedings. The magistrate judge

found the Administrative Law Judge erred in her credibility analysis and also noted her

failure to address or explain the VA disability rating.

The parties, having failed to object to the Report and Recommendation, waived their

right to appellate review of the factual and legal issues it addressed. United States v. One

Parcel of Real Property, 73 F.3d 1057, 1059-60 (10th Cir. 1996). See 28 U.S.C. §

636(b)(1)(C). Accordingly, the court adopts Magistrate Judge Erwin’s Report and

Recommendation, REVERSES the final decision of the Commissioner and REMANDS the

case for further proceedings consistent with the Report and Recommendation, a copy of

Case 5:12-cv-00528-HE Document 17 Filed 09/19/13 Page 2 of 2

which is attached to this order.

IT IS SO ORDERED.

Dated this 19th day of September, 2013.



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