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Carter v. Astrue

United States District Court, N.D. Florida, Gainesville Division
Nov 30, 2009
CASE NO. 1:06-cv-00185-MP-AK (N.D. Fla. Nov. 30, 2009)

Opinion

CASE NO. 1:06-cv-00185-MP-AK.

November 30, 2009


ORDER


This matter is before the Court on Doc. 35, Report and Recommendation regarding the Petition for Review of Commissioner Decision, Doc. 1, filed by Michael Carter. The Magistrate has recommended that the decision of the Commissioner denying benefits be reversed and remanded. No party has objected, and the time for doing so has passed. Finding no plain error in the Magistrate's analysis, it is accordingly

ORDERED AND ADJUDGED:

1. The Magistrate's Report and Recommendation, Doc. 35, is ADOPTED and incorporated herein.
2. The decision of the Commissioner denying benefits is REVERSED and REMANDED for additional Vocational Expert testimony. This should include the findings of the state agency physician in his assessment dated July 16, 2000, that Plaintiff was "often" limited in his ability to complete tasks in a timely manner, and how that would affect his ability to perform the jobs available to him in the national economy.
DONE AND ORDERED.


Summaries of

Carter v. Astrue

United States District Court, N.D. Florida, Gainesville Division
Nov 30, 2009
CASE NO. 1:06-cv-00185-MP-AK (N.D. Fla. Nov. 30, 2009)
Case details for

Carter v. Astrue

Case Details

Full title:MICHAEL CARTER, Plaintiff, v. MICHAEL J ASTRUE, JO ANNE B BARNHART…

Court:United States District Court, N.D. Florida, Gainesville Division

Date published: Nov 30, 2009

Citations

CASE NO. 1:06-cv-00185-MP-AK (N.D. Fla. Nov. 30, 2009)