Opinion
No. 1:10-cv-06195
03-07-2012
ALFREDO P. GALINDO, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social Security Commission, Defendant.
ORDER
PANNER, District Judge:
Magistrate Judge Mark D. Clarke filed a Report and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). Although no objections have been filed, this court reviews legal principles de novo. See Lorin Corp. v Goto & Co., Ltd., 700 F.2d 1202, 1206 (8th Cir. 1983).
I agree with Magistrate Judge Clarke that the ALJ erred by failing to account for the limitations found by one of plaintiff's physicians. Accordingly, I ADOPT the Report and Recommendation of Magistrate Judge Clarke.
CONCLUSION
Magistrate Judge Clarke's Report and Recommendation (#24) is adopted. The decision of the Commissioner is reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendation.
IT IS SO ORDERED.
______________________
OWEN M. PANNER
U.S. DISTRICT JUDGE