Opinion
NO. 5:11-CV-413 (CAR)
04-03-2012
THOMAS MCMILLAN, Plaintiff, v. MICHAEL J. ASTRUE, Defendant.
SOCIAL SECURITY APPEAL
RECOMMENDATION
THIS MATTER is before the Court upon the unopposed motion of Defendant to remand this case to the Commissioner for further action under sentence four of 42 U.S.C. § 405(g). Doc. 11. Upon consideration of the motion, it is RECOMMENDED that the decision of the Commissioner be REVERSED under sentence four of 42 U.S.C. § 405(g) and that this case be REMANDED to the Commissioner of Social Security for the Administrative Law Judge to:
• further evaluate the treating and examining source opinions, state with particularity the weight given to each opinion, and explain the weight given to each opinion;
• further evaluate, with Vocational Expert (VE) testimony if necessary, whether Plaintiff can perform his past relevant work in accordance with SSR 82-62 and all other applicable laws and regulations, and
• if necessary, obtain VE testimony to determine whether Plaintiff can perform other jobs that exist in significant numbers in the national economy.
The Clerk of Court is hereby directed to enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Pursuant to 28 U.S.C. § 636(b)(1), the parties may serve and file written objections to this Recommendation with the district judge to whom this case is assigned WITHIN FOURTEEN (14) DAYS after being served with a copy thereof.
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Charles H. Weigle
United States Magistrate Judge