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concluding that, contrary to the ALJ's conclusion, "Plaintiff's ability to sit through a half-hour hearing on one occasion is not 'smoking gun' evidence that she could sit for up six hours a day as required to perform sedentary work"
Summary of this case from Day v. Comm'r of Soc. Sec.Opinion
CASE NO. 13-10036
03-05-2014
KAREN KAZIK, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
Judge Lawrence P. Zatkoff
OPINION AND ORDER ADOPTING MAGISTRATE
JUDGE'S REPORT AND RECOMMENDATION
Plaintiff filed the instant action seeking Supplemental Security Income under the Social Security Act. This matter is currently before the Court on Magistrate Judge R. Steven Whalen's Report and Recommendation of February 4, 2014 (Docket #15), wherein the Magistrate Judge recommends that Plaintiff's Motion for Summary Judgment be granted in part, Defendant's Motion for Summary Judgment be denied, and that the case be remanded to Defendant for further review and consideration by the Administrative Law Judge ("ALJ"). Neither party has filed any objections to the Report and Recommendation.
After a thorough review of the court file, the parties' respective motions and the Report and Recommendation, this Court will adopt the Report and Recommendation and enter it as the findings and conclusions of this Court. Therefore, IT IS HEREBY ORDERED that Defendant's Motion for Summary Judgment is DENIED, and Plaintiff's Motion for Summary Judgment is GRANTED IN PART. In addition, pursuant to 42 U.S.C. § 405(g), the Court hereby REMANDS this matter to Defendant for further review and consideration in accord with the Report and Recommendation.
IT IS SO ORDERED.
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LAWRENCE P. ZATKOFF
UNITED STATES DISTRICT JUDGE