Ball v. Commissioner of Social Security Administration et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
COLBY BALL,
Plaintiff,
v.
FRANK BISIGNANO, Commissioner of
Social Security Administration,
Defendant.
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Case No. CIV-25-89-D
ORDER
Plaintiff Colby Ball brought this action for judicial review of the Commissioner of
the Social Security Administration’s denial of his applications for disability insurance
benefits and supplemental security income. [Doc. Nos. 1, 16]. Specifically, Plaintiff
challenges the Commissioner’s final decision that he is not “disabled” under the Social
Security Act. See 42 U.S.C. § 405(g). The matter was referred to United States Magistrate
Judge Chris M. Stephens for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B)
and (b)(3), and Fed. R. Civ. P. 72(b). [Doc. No. 11].
On January 29, 2026, Judge Stephens issued a Report and Recommendation (“R and
R”), in which he recommends the Court reverse the Commissioner’s decision denying
Plaintiff’s application for disability insurance benefits and supplemental security income
pursuant to 42 U.S.C. § 405(g), and remand the matter for further administrative
proceedings. [Doc. No. 23]. Specifically, Judge Stephens finds that the administrative law
judge did not adequately consider the state agency’s physicians’ opinions. Id.
Case 5:25-cv-00089-D Document 24 Filed 02/20/26 Page 1 of 2

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The parties were expressly informed of their rights to object to the R and R, the
procedure for doing so, and the consequences of failing to object. [Doc. No. 23, at p. 10].
Neither party has filed a timely objection or requested additional time to object.
IT IS THEREFORE ORDERED that the R and R [Doc. No. 23] is ADOPTED
in its entirety. The Commissioner’s decision is REVERSED and the case is REMANDED
for further proceedings consistent with the R and R [Doc. No. 23]. A separate judgment
and order of remand shall be entered.
IT IS SO ORDERED this 20 th day of February, 2026.
TIMOTHY D. DeGIUSTI
Chief United States District Judge
Case 5:25-cv-00089-D Document 24 Filed 02/20/26 Page 2 of 2