Summary
remanding for further administrative proceedings where the record was "simply not clear" as to what the claimant, who had severe PNH and anemia, was able to do during the day and when and how long she must rest, and noting that "[t]his case is about stamina and endurance"
Summary of this case from Alcala v. ColvinOpinion
Case Number: 1:08cv621.
August 31, 2009
ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate Judge Timothy S. Hogan filed on August 30, 2009 (Doc. 9), 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) expired August 22, 2009, hereby ADOPTS said Report and Recommendation.
Accordingly, the decision of the Commissioner is REVERSED and REMANDED for further proceedings pursuant to Sentence Four of 42 U.S.C. § 405(g). Upon remand, the ALJ shall elicit testimony and evidence to supplement the record with regard to the effectivity of the continuing Soliris injections and/or other treatment for Plaintiff's two chronic blood impairments in relation to her ability to sustain full-time employment.
IT IS SO ORDERED.