Summary
In Mire, the claimant's treating physicians considered the use of a cane to be medically necessary, while the non-examining state agency physician determined it was non-obligatory.
Summary of this case from Kilgore v. ColvinOpinion
Civil Action 2:06-CV-1056.
February 19, 2008
ORDER
On January 31, 2008, the United States Magistrate Judge issued a Report and Recommendation recommending that the decision of the Commissioner of Social Security be reversed and that this action be remanded for further consideration. The parties were specifically advised of their right to object to the Report and Recommendation and of the consequences of their failure to do so. There has nevertheless been no objection to the Report and Recommendation.
The Report and Recommendation is hereby ADOPTED and AFFIRMED. The decision of the Commissioner of Social Security is hereby REVERSED and this action is hereby REMANDED for further consideration of the medical necessity, if any, of plaintiff's use of a cane and, if so, the impact of that restriction on plaintiff's residual functional capacity.
The Clerk shall enter FINAL JUDGMENT pursuant to Sentence 4 of 42 U.S.C. § 405(g).