Summary
remanding where the medical expert failed to consider two of Plaintiff's conditions when submitting his opinion
Summary of this case from Sara A. v. SaulOpinion
CIVIL ACTION NO. 3:01-CV-0413-G
July 29, 2003
ORDER
Before the court are the findings, conclusions, and recommendation ("findings") of the United States Magistrate Judge, filed July 7, 2003, and the defendant's objection to the findings ("objection"), filed July 17, 2003. The defendant objects only to paragraph II(G) of the findings, in which the Magistrate Judge interpreted Watson v. Barnhart, 288 F.3d 212, 217-18 (5th Cir. 2002), to "require the Commissioner to find that a physically-impaired claimant can both obtain and maintain employment before finding the claimant not disabled at step five of the sequential five-step disability inquiry." Objection at 1 (internal quotation marks omitted). The court agrees with the defendant's objection and will not adopt paragraph II(G) of the findings. There being no objection to the remainder of the findings, and the court being satisfied after a review of the record that the remainder of the findings are correct, it is ORDERED that the findings, except for paragraph II(G), are ADOPTED as the findings and conclusions of the court.