Summary
determining the ALJ erred in discounting a doctor's opinion as outside of her expertise where the doctor diagnosed the plaintiff with a pain disorder under diagnostic code 309.89, caused by both psychological factors and general medical condition
Summary of this case from Sarah A. v. SaulOpinion
Case No. C11-5671-JCC
07-12-2012
LUIS N. APONTE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
ORDER REVERSING AND
REMANDING CASE FOR
FURTHER ADMINISTRATIVE
PROCEEDINGS
The Court, after careful consideration of the plaintiff's complaint, the parties' briefs, the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, and the balance of the record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation. (Dkt. No. 16).
(2) The Commissioner's decision is REVERSED and the case is REMANDED to the Social Security Administration for further proceedings consistent with the Report and Recommendation.
(3) The Clerk is directed to send copies of this Order to the parties and to Judge Brian A. Tsuchida.
________________________
JOHN C. COUGHENOUR
United States District Judge