Summary
finding the ALJ improperly made a medical determination and set his own expertise against that of the treating physician when he asserted "there is nothing in [the treating physician's] records documenting that the claimant has any problems sitting" to reject the physician's opinion that Plaintiff could not sit for six hours in a work
Summary of this case from Allen B. v. Comm'r of Soc. Sec.Opinion
7:13-CV-595 (TJM/TWD)
09-04-2014
DALE JON OATMAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
THOMAS J. McAVOY,
Senior United States District Judge
DECISION & ORDER
This matter was referred to the Hon. Thérèse Wiley Dancks, United States Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72.3(d) of the Local Rules of the Northern District of New York. In a Report and Recommendation dated July 30, 2014, Magistrate Judge Dancks recommended that the matter be remanded to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with her Report and Recommendation. No objections to the Report and Recommendation have been lodged and the time for filing objections has expired.
CONCLUSION
After examining the record, this Court has determined that the Report and Recommendation is not subject to attack for plain error or manifest injustice. Therefore, the Court ADOPTS the Report and Recommendation [dkt. # 15] for the reasons stated therein, and the case is REMANDED to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with Magistrate Judge Dancks' Report and Recommendation.
IT IS SO ORDERED.
Dated: September 4, 2014
/s/_________
Thomas J. McAvoy
Senior, U.S. District Judge