Summary
In Thompson, this court determined that remand was warranted when (1) the ALJ had purported to give Dr. Butler's opinion great weight and had specifically noted her finding that the claimant would need enhanced explanation, repetition, and reinforcement of verbal information, but had omitted that limitation from his mental RFC; (2) it was “not self-evident that” the agency opinions on which the ALJ also relied encompassed Dr. Butler's repetition/reinforcement finding; and (3) the VE had “testified that the restriction would compromise an individual's ability to perform” the jobs on which the ALJ had relied.
Summary of this case from Vicki M. v. KijakaziOpinion
CIVIL NO. 1:12-CV-369-DBH
2013-10-21
SARAH JEAN THOMPSON, PLAINTIFF v. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, DEFENDANT
ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On September 30, 2013, the United States Magistrate Judge filed with the court, with copies to counsel, his Report and Recommended Decision. The time within which to file objections expired on October 17, 2013, and no objections have been filed. The Magistrate Judge notified the parties that failure to object would waive their right to de novo review and appeal.
It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The Commissioner's decision is VACATED and the case REMANDED for further proceedings consistent with the Recommended Decision.
SO ORDERED.
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D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE