Summary
finding no error in ALJ's credibility determination where he did not discuss the plaintiff's medications or side effects; remanding on other grounds
Summary of this case from Thompson v. ColvinOpinion
7:13-CV-1367
03-25-2015
ALFRED T. DUPRE, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendants.
DECISION and ORDER
This action, brought pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) for a review of the final determination of the Commissioner of Social Security, was referred by this Court to the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c).
In the Report-Recommendation, Magistrate Judge Dancks recommends that the case be remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. No objections to the Report-Recommendation dated February 25, 2015 have been filed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein.
For the foregoing reasons, the Court ADOPTS the Report and Recommendation, dkt. # 14, and ORDERS that the case be remanded to the Commissioner for proceedings consistent with the Magistrate Judge's Report-Recommendation. IT IS SO ORDERED. Dated:March 25, 2015
/s/_________
Thomas J. McAvoy
Senior, U.S. District Judge