Becker v. Commissioner of Social Security

Full title: MARY BECKER, Plaintiff v. COMMISSIONER OF SOCIAL SECURITY, Defendant

Court: United States District Court, S.D. Ohio, Western Division

Date published: Feb 25, 2009

C-1-07-950 (S.D. Ohio Feb. 25, 2009)

Opinion

C-1-07-950.

February 25, 2009

ORDER

HERMAN WEBER, District Judge

This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 9) to which neither party has objected.

Upon a de novo review of the record, the Court finds that the Magistrate Judge has accurately set forth the applicable law and has properly applied it to the particular facts of this case. This Court accepts the Report as uncontroverted. The Report and Recommendation is ADOPTED AND INCORPORATED herein.

Accordingly, for the reasons stated in the Report and Recommendation (doc. no. 9) the Court finds the ALJ's analysis is unsupported by substantial evidence and the ALJ's non-disability finding is REVERSED AND REMANDED under sentence four of 42 U.S.C. § 405(g) so that the ALJ can accurately include all of plaintiff's impairments and restrictions into her RFC assessment, including a narrative explanation for rejecting Dr. Deardorff's RFC, and an analysis of whether plaintiff's impairments (COPD, back pain and depression) in combination equal the Listing.

This case is TERMINATED on the docket of this Court.

IT IS SO ORDERED.