Opinion
CIVIL ACTION NO. 2:10cv252-KS-MTP
02-01-2012
TRESS LAMAR DUKES v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY
ORDER ADOPTING REPORT AND RECOMMENDATION
This cause came on this date to be heard upon the Report and Recommendation of the United States Magistrate Judge entered herein on December 21, 2011, after referral of hearing by this Court, no objections having been filed as to the Report and Recommendation, and the Court, having fully reviewed the same as well as the record in this matter, and being duly advised in the premises, finds that said Report and Recommendation should be adopted as the opinion of this Court.
IT IS, THEREFORE, ORDERED that the Report and Recommendation be, and the same hereby is, adopted as the finding of this Court, and the Commissioner's [10] Motion to Affirm is denied.
IT IS FURTHER ORDERED that the Plaintiff's [9] brief be construed as a Motion for Reversal or Remand of the Commissioner's Decision and that it be granted in part and denied in part. It should be granted to the extent that it seeks remand to the Commissioner. Upon remand the Commissioner shall develop the record consistent with the Appeals Council's original remand instructions, including obtaining certain testimony from a vocational expert and clarification of the Plaintiff's exertional limitations. The Commissioner should specifically address the application of the additional information required by those instructions, and issue a decision based on the supplemental record. Plaintiff's motion should be denied to the extent that it seeks reversal or any other relief related to the Commissioner's decision.
Keith Starrett
UNITED STATES DISTRICT JUDGE