Opinion
CASE NUMBER: 08-14012.
April 23, 2009
ORDER ADOPTING REPORT AND RECOMMENDATION
On April 2, 2009, Magistrate Judge Charles E. Binder submitted a Report and Recommendation (Doc. #11) recommending that the Court: (1) GRANT Plaintiff's Motion for Summary Judgment (Doc. #8); (2) DENY Defendant's Motion for Summary Judgment (Doc. #9); and (3) REMAND this case to the Commissioner for further proceedings.
Because the Court has not received objections from either party within the time frame provided for in 28 U.S.C. § 636(b)(1) and E.D. Mich. LR 72.1(d)(3), the Court ADOPTS the Magistrate Judge's Report and Recommendation, GRANTS Plaintiff's Motion for Summary Judgment, DENIES Defendant's Motion for Summary Judgment, and REMANDS this matter to the Commissioner.
On remand, the Commissioner must evaluate Plaintiff's medical evidence, including her test results, to determine if her impairments meet or medically equal 3.02(A), 3.02(B), and 3.02(C)(1) of the Listing of Impairments. The ALJ must fully explain the reasoning behind his conclusion, including why he accepts certain medical evidence and rejects other evidence.