Opinion
No. 3:15-cv-279-PLR-CCS
11-02-2016
LILLY HUSKEY, Plaintiff, v. CAROLYN COLVIN, Acting Commissioner of Social Security, Defendant.
Memorandum Opinion and Order
Before the Court is Magistrate Judge Shirley's Report and Recommendation ("R&R"). [D. 19]. There have been no objections to the R&R, and enough time has passed to treat any objection as forfeited. See 28 U.S.C. § 636(b)(1); FED. R. CIV. P. 72(b)(2).
After reviewing the record, the Court agrees with the R&R and ADOPTS it. For the reasons stated in the R&R, Huskey's motion for summary judgment is GRANTED and the Commissioner's is DENIED with respect to the ALJ's failure to discuss Listing 1.04A at Step Three of her analysis; her weighting of Dr. Maffeo's testimony; and her weighting of Cate's testimony. In all other respects, Huskey's motion is DENIED and the Commissioner's is GRANTED. This case is REMANDED to the ALJ. On remand, the ALJ shall reevaluate Step Three of the sequential evaluation by determining whether Huskey's back impairment meets Listing 1.04A; reweigh the opinion of Dr. Maffeo; and reweigh the opinion of Cate.
IT IS SO ORDERED.
/s/ _________
UNITED STATES DISTRICT JUDGE