Summary
stating that "failure to find an impairment severe at step two can be harmless error if the ALJ considers the functional limitations of the impairment at later steps of the evaluation"
Summary of this case from Garcia v. AstrueOpinion
Case No. 6:09-cv-122-Orl-31KRS.
February 2, 2010
ORDER
This cause comes before the Court on the Complaint filed by the Plaintiff seeking review of the Commissioner of the Social Security Administration decision denying her claim for Social Security Benefits (Doc. No. 1) filed January 16, 2009.
The United States Magistrate Judge has submitted a report recommending that the Commissioner of the Social Security Administration be reversed and the case be remanded for further proceedings (Doc. No. 17). No objections to the Report and Recommendation have been filed. Accordingly, it is
ORDERED as follows:
1. The Report and Recommendation filed January 11, 2009 (Doc. No. 17) is ADOPTED and CONFIRMED and made a part of this Order;
2. The case is REMANDED to the Social Security Administration for further proceedings consistent with the Report and Recommendation.
3. The Clerk is directed to enter judgment accordingly and, thereafter, close the file.
DONE and ORDERED in Chambers, Orlando, Florida.