Opinion
CIV-20-633-PRW
02-17-2023
SARAH SUE MCSWYNE, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security Administration, Defendant.
ORDER
PATRICK R. WYRICK UNITED STATES DISTRICT JUDGE
This action comes before the Court on United States Magistrate Judge Amanda Maxfield Green's Supplemental Report & Recommendation (Dkt. 38), recommending that this Social Security disability appeal be remanded to the Social Security Administration. The Court previously concluded that the Administration's Administrative Law Judge (ALJ) committed legal error when the ALJ “failed to provide an adequate explanation for her conclusions about whether Plaintiff's obesity did or did not cause any limitations on Plaintiff's ability to work.”But the Court referred this matter back to Magistrate Judge Green to determine whether the ALJ's legal error was harmless or reversible error.
Order (Dkt. 35), at 3.
See id. at 4-5.
In her Supplemental Report & Recommendation, Magistrate Judge Green concluded that the ALJ's error “was reversable error, not harmless error.”Accordingly, Magistrate Judge Green recommended that the Court reverse the Commissioner's decision and remand the matter back to the Administration. Magistrate Judge Green advised the parties that any objections to the Supplemental Report & Recommendation were due on or before February 7, 2023. As of the date of this order, no objections have been filed.
Suppl. R & R (Dkt. 38), at 5.
The Court has reviewed the Supplemental Report and Recommendation de novo and agrees with its conclusions. Accordingly, the Court ADOPTS the Supplemental Report and Recommendation (Dkt. 38) in full, REVERSES the Commissioner's decision, and REMANDS the matter to the Administration for further proceedings consistent with this Court's Orders.
IT IS SO ORDERED.