Summary
holding the ALJ failed to properly evaluate the opinion of an examining consultant, as the ALJ did not explain why he didn't incorporate a recommended hourly break due to fatigue in the RFC determination
Summary of this case from Farrell v. BerryhillOpinion
Case No. 12-13222
02-18-2014
JOHN W. HILL, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Paul D. Borman
United States District Judge
Mark A. Randon
United States Magistrate Judge
OPINION AND ORDER
(1) ADOPTING MAGISTRATE JUDGE MARK A. RANDON'S
JANUARY 13, 2014 REPORT AND RECOMMENDATION (ECF NO. 21),
(2) DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 18),
(3) GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 14) AND
(4) REMANDING TO THE COMMISSIONER
PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)
On January 13, 2014, Magistrate Judge Mark A. Randon issued a Report and Recommendation to deny Defendant's Motion for Summary Judgment, grant Plaintiff's motion for summary judgment and remand this matter to the Commissioner for findings consistent with his Report and Recommendation, pursuant to sentence four of 42 U.S.C. § 405(g).
Having reviewed the Report and Recommendation, and there being no timely objections under 28 U.S.C. § 636(b)(1) and E.D. Mich L.R. 72.1(d), the Court ADOPTS the Report and Recommendation, DENIES Defendant's Motion for Summary Judgment, GRANTS Plaintiff's Motion for Summary Judgment and REMANDS to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g). IT IS SO ORDERED.
________
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on February 18, 2014.
Deborah Tofil
Case Manager