Summary
remanding because ALJ did not explain how he resolved the conflict in the medical opinion evidence
Summary of this case from Aguon v. AstrueOpinion
Civil No. 07-150 (DWF/RLE).
March 3, 2008
Fay E. Fishman, Esq., Peterson Fishman, counsel for Plaintiff.
Lonnie F. Bryan, Assistant United States Attorney, United States Attorney's Office, counsel for Defendant.
ORDER
Based upon the Report and Recommendation of Chief United States Magistrate Judge Raymond L. Erickson, and after an independent review of the files, records and proceedings in the above-entitled matter,
IT IS HEREBY ORDERED that:
1. The Defendant's Motion for Summary Judgment (Doc. No. 16) is DENIED.
2. The Plaintiff's Motion for Summary Judgment (Doc. No. 9) is DENIED.
3. This matter is REMANDED to the Commissioner for further proceedings, in accordance with this Report.
4. Pursuant to the holding in Shalala v. Schaefer, 509 U.S. 292 (1993), JUDGMENT IS ENTERED ACCORDINGLY.