Opinion
Civil Action 2:08-cv-00674.
July 16, 2009
ORDER
This matter is before the Court on Magistrate Judge Abel's June 2, 2009 Report and Recommendation that this case be remanded to the Commissioner. No objections have been filed to the Report and Recommendation. The Court, having reviewed the record de novo, adopts the Report and Recommendation.
Upon de novo review in accordance with the provisions of 28 U.S.C. § 636(b)(1)(B), the Court ADOPTS the Report and Recommendation. This case is hereby REMANDED to the Commissioner. On remand, the administrative law judge should obtain additional information from Dr. Torello. See 20 C.F.R. § 404.1512(e)(1). The administrative law judge should also consider whether further testing is appropriate to determine the nature of plaintiff's possible breathing impairment.