Summary
finding that the ALJ erred in relying on a nurse's opinion rendered more than five years before the SSI application date and which predated objective evidence showing worsening of the plaintiff's condition
Summary of this case from Vest v. SaulOpinion
Case No. 3:15-cv-464
02-24-2017
GARY ELLIOTT, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Magistrate Judge Michael J. Newman
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation of United States Magistrate Judge Michael J. Newman (Doc. #11), to whom this case was 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 Recommendation.
Accordingly, it is hereby ORDERED that:
1. The Report and Recommendation (Doc. #11) is ADOPTED in full;Date: 2·24·17
2. The Commissioner's non-disability determination is REVERSED;
3. This matter is REMANDED to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for further proceedings; and
4. This case is terminated on the docket of this Court.
/s/_________
WALTER HERBERT RICE
UNITED STATES DISTRICT JUDGE