Opinion
No. 3:12-cv-421-CL
05-14-2013
THERESA CHILCOTE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, Defendant.
ORDER
PANNER, District Judge:
Magistrate Judge Mark D. Clarke filed a.Report and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). Although no objections have been filed, this court reviews legal principles novo. See Lorin Corp. v Goto & Co., Ltd., 700 F.2d 1202, 120.6 (8th Cir. 1983).
I agree with Magistrate Judge Clarke that the ALJ erred in finding that plaintiff's ulnar nerve irritation was not severe, and that the ALJ's error was not harmless. Accordingly, I ADOPT the Report and Recommendation of Magistrate Judge Clarke.
CONCLUSION
Magistrate Judge Clarke's Report and Recommendation (#18) is adopted. The decision of the Commissioner is reversed and remanded pursuant to sentence.four of 42 U.S.C. § 405(g) for further proceedings consistent with the Report and Recommendation.
IT IS SO ORDERED.
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OWEN M. PANNER
U.S. DISTRICT JUDGE