Opinion
6:20-cv-1902-GKS-GJK
03-14-2022
ALAN DAVID FRICKER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
G. KENDALL SHARP, SENIOR UNITED STATES DISTRICT JUDGE.
THIS CAUSE concerns Plaintiff Alan David Fricker's appeal from a final decision of the Defendant, Commissioner of Social Security (Commissioner), denying his claim for Disability Insurance Benefits. Plaintiff and Defendant filed an Amended Joint Memorandum in support of their differing positions (Doc. 39). The Court referred the matter to the United States Magistrate Judge for a report and recommendation (Report and Recommendation).
Complaint filed October 15, 2020. (Doc. 1).
Decision, April 7, 2020. (Doc. 22-2). Subsequently, on August 17, 2020, the Appeals Council denied Plaintiffs request for a review of the ALJ's decision.
The Commissioner filed a certified copy of the record before the Social Security Administration. (See Doc. 22.)
On January 18, 2022, the United States Magistrate Judge issued a Report and Recommendation (Doc. 40), recommending that the Administrative Law Judge's (ALJ) decision be reversed and remanded based upon the ALJ's "material misstatement in support of his decision." (Doc. 40:1, 5, 6, 7). No. objections to the Report and Recommendation were filed.
After review and consideration of the Report and Recommendation, it is hereby ORDERED and ADJUDGED as follows:
1. United States Magistrate Judge David A. Baker's Report and Recommendation (Doc. 40) is APPROVED and ADOPTED and is made part of this Order for all purposes, including appellate review.
2. The Commissioner's final decision in this case is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g).
3. The Clerk of Court is directed to ENTER JUDGMENT in favor of Plaintiff Alan David Fricker, and against Defendant, Commissioner of Social Security, and CLOSE the case.
DONE AND ORDERED.