Opinion
6:21-cv-292-JA-EJK
07-06-2022
CHRISTOPHER NATHAN SOLE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
JOHN ANTOON II UNITED STATES DISTRICT JUDGE
This case is before the Court on Plaintiffs Complaint (Doc. 1) to obtain judicial review of a final decision of the Commissioner of Social Security denying disability insurance benefits and Supplemental Security Income. The assigned United States Magistrate Judge has submitted a Report (Doc. 30) recommending that the Commissioner's decision be reversed and remanded for further proceedings. Neither party has filed an objection to the Report, and the time for filing objections has passed.
After review of the record, and noting that no objection to the Report has been filed, the Court agrees with the findings and conclusions in the Report and Recommendation. Therefore, it is ORDERED as follows:
1. The Report and Recommendation (Doc. 30) is ADOPTED and CONFIRMED and made a part of this Order.
2. The Commissioner's decision is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C, § 405(g). On remand, the Commissioner shall (1) state the reasons for finding the opinion of Dr. Cubano unpersuasive; (2) reconsider Plaintiffs residual functional capacity, if appropriate; and (3) conduct any further appropriate proceedings.
3. The Clerk of the Court is directed to enter judgment in accordance with this Order and then close this case.
DONE and ORDERED