Opinion
Case No. 2:02 CV 340 TC.
June 24, 2004
ORDER
Amber Lee Matsaw is now nine years old. Apparently, since her birth, she has suffered from various emotional and mental disorders including bipolar disorder, attention deficit hyperactivity disorder and a possible anxiety disorder. In 2000, Amber's grandmother, Glens Daniels, filed an application for Supplemental Security Income payments. (SSI) Following a hearing, the Administrative Law Judge (ALJ) determined that Amber was not disabled. The Appeals Council denied additional review of the ALJ's decision and therefore, the ALJ's decision is the final decision for purposes of review.
An appeal was taken from the ALJ's decision to this court. The court referred the appeal to United States Magistrate Judge Brooke Wells. On May 25, 2004, Judge Wells issued a Report and Recommendation in which she recommended that this matter be remanded to the ALJ. Specifically, Judge Wells concluding that although there was substantial evidence to support much of the ALJ's decision, Judge Wells found that "there is not substantial evidence to support the ALJ's finding of less than marked limitation in the domain interacting and relating with others." (RR 12) (emphasis in the original).
The parties were given ten days from the date of the issuance of the RR to file objections; neither party has filed objections.
The court has conducted a de novo review of the matter and agrees with Judge Wells' determination. Accordingly, the RR is Adopted as the order of this court. The matter is remanded to the ALJ to either reconsider the domain interacting and relating with others or to grant Amber the benefits applied for.