Opinion
20-CIV-192-RAW-SPS
09-27-2021
MARK FRANCIS AUGARE, Plaintiff, v. KILOLO KIJAKAZI, Commissioner of The Social Security Administration, Defendant.
ORDER REMANDING CASE FOR FURTHER PROCEEDINGS
HONORABLE RONALD A. WHITE, UNITED STATES DISTRICT JUDGE.
On August 31, 2021, the United States Magistrate Judge entered a Report and Recommendation recommending that the above-styled case be reversed and remanded for further proceedings [Docket No. 20]. The Commissioner filed an Objection [Docket No. 21]. The Magistrate Judge found that correct legal standards were not applied by the Administrative Law Judge and the decision of the Commissioner is therefore not supported by substantial evidence.
Upon full consideration of the record and the issues herein, the court finds that the Magistrate Judge's recommendation to reverse and remand for further proceedings is well supported based upon the ALJ's failure to properly evaluate the opinion of the treating physician. Accordingly, the Report and Recommendation of the Magistrate Judge is hereby affirmed and adopted as this court's Findings and Order.
IT IS THEREFORE ORDERED that the decision of the Administrative Law Judge is hereby REVERSED and this case is hereby REMANDED pursuant to the fourth sentence of 42 U.S.C. §405(g) for further administrative proceedings.
IT IS ORDERED.