Opinion
Case Number: 1:08cv789.
January 6, 2010
ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate Judge Timothy S. Black filed on December 10, 2009 (Doc. 20), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) expired December 31, 2009, hereby ADOPTS said Report and Recommendation.
Accordingly, it is ORDERED that the ALJ's non-disability finding be REVERSED, and this matter is REMANDED to the ALJ under the FOURTH SENTENCE of 42 U.S.C. § 405(g). The Court further RECOMMENDS that, on remand, the ALJ is instructed to: (1) determ ine anew whether or not Plaintiff meets or equals the elements of Listing 1.04(A); (2) properly weigh the medical evidence and give specific reasons for the weight given to a treating source's medical opinion as required by 20 C.F.R. § 404.15279d)92)-96); and (3) fully discuss and apply the factors for evaluating credibility set forth in Social Security Ruling 96-7p.
IT IS SO ORDERED.