Summary
remanding where the ALJ "did not simply miscategorize the impairment," but instead "failed entirely to provide any indication that he actually considered this impairment at any step in the sequential analysis"
Summary of this case from Day v. Commisioner of Soc. Sec.Opinion
Case No. 3:14cv00023
03-02-2015
CHARLES COX, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.
Chief Magistrate Judge Sharon L. Ovington
DECISION AND ENTRY
The Court has conducted a de novo review of the Report and Recommendations of Chief United States Magistrate Judge Sharon L. Ovington (Doc. #17), to whom this case was originally referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations.
Accordingly, it is hereby ORDERED that:
1. The Report and Recommendations filed on February 10, 2015 (Doc. #17) is adopted in full;
2. The Commissioner's non-disability finding is vacated;
3. No finding is made as to whether Plaintiff Charles Cox was under a "disability" within the meaning of the Social Security Act;
4. This case is remanded to the Commissioner and the Administrative Law Judge
under Sentence Four of 42 U.S.C. §405(g) for further consideration consistent with this Decision and Entry and the Report and Recommendations; and,
5. The case is terminated on the docket of this Court.
/s/_________
Walter Herbert Rice
United States District Judge