Summary
distinguishing supportability which evaluates what the doctor based their opinion on, from consistency which is how the opinion compared to the record as a whole
Summary of this case from Misty K. v. Comm'r of Soc. Sec.Opinion
2:20-cv-5523
02-09-2022
MARY S. WISEMAN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant
ELIZABETH P. DEAVERS, MAGISTRATE JUDGE
ORDER ON REPORT AND RECOMMENDATION
ALGENON L. MARBLEY, CHIEF JUDGE
On January 24, 2022, the United States Magistrate Judge issued a Report and Recommendation (ECF No. 23) that the Court reverse the Commissioner's decision denying benefits and remand this action under Sentence Four of 42 U.S.C. § 405(g). The parties were advised specifically of their right to object to the Report and Recommendation within fourteen days and of the rights they would waive by failing to do so. (Id. at 19). No. objection has been filed, and the deadline lapsed on February 7, 2022. Since neither party has objected, the Court ADOPTS the Magistrate Judge's Report and Recommendation, REVERSES the Commissioner's determination, and REMANDS this action to the Commissioner and the Administrative Law Judge for further proceedings. This case is closed.
IT IS SO ORDERED.