Opinion
1:22-cv-333
09-18-2023
DAMASO JOSE HERRERA, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.
ORDER
On August 30, 2023, the United States Magistrate Judge's Memorandum Opinion and Recommendation (“Recommendation”) was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 15, 16.) No objections were filed within the time limits prescribed by Section 636.
Therefore, the court need not make a de novo review and the Magistrate Judge's Recommendation is hereby adopted.
IT IS HEREBY ORDERED that the Magistrate Judge's Recommendation, (Doc. 15), is ADOPTED. IT IS FURTHER ORDERED that Plaintiff's Motion for Summary Judgment, (Doc. 10), is GRANTED, Defendant's Motion for Judgment on the Pleadings, (Doc. 13), is DENIED, that the Commissioner's decision finding no disability is REVERSED, and that this matter is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g). The Commissioner is directed to remand the matter to the Administrative Law Judge for further consideration of Plaintiff's claim in light of this recommendation.
A Judgment dismissing this action will be filed contemporaneously with this Order.