Summary
finding that the ALJ erred where he failed to resolve the conflict between the plaintiff's ability to stand and/or walk for only four hours a day and the VE's testimony that the plaintiff could work at a job that required those activities up to six hours a day
Summary of this case from Spears v. ColvinOpinion
File No. 2:12 CV 152
04-09-2013
Diana Martell, Plaintiff, v. Commissioner of Social Security, Defendant.
ORDER
The Report and Recommendation of the United States Magistrate Judge was filed March 22, 2013. After careful review of the file and the Magistrate Judge's Report and Recommendation, no objections having been filed by any party, this Court ADOPTS the Magistrate Judge's recommendations in full for the reasons stated in the Report.
The Plaintiff's Motion for Order Reversing Decision of Commissioner (Doc. 6) is GRANTED, and the Commissioner's Motion for Order Affirming Decision of Commissioner (Doc. 11) is DENIED.
This matter is REMANDED for further proceedings and a new decision in accordance with this ruling.
Dated at Burlington, in the District of Vermont, this 9th day of April, 2013.
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William K. Sessions III
U.S. District Court Judge