Opinion
CIVIL ACTION NO. 3:16-6641
01-25-2017
TAMMY LEE RIGGS, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.
MEMORANDUM OPINION AND ORDER
This action was referred to the Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendations for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court grant Claimant's Motion for Judgment on the Pleadings (ECF No. 14) to the extent that the ALJ did not comply with the two-step evaluation of Claimant's symptomology required by Craig v. Chater, deny Defendant's Motion for Judgment on the Pleadings (ECF No. 15), reverse the final decision of the Commissioner, and remand this matter back to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further proceedings. Neither party has filed objections to the Magistrate Judge's findings and recommendations.
Accordingly, the Court accepts and incorporates herein the findings and recommendations of the Magistrate Judge and GRANTS Claimant's Motion for Judgment on the Pleadings (ECF No. 14) to the extent that the ALJ did not comply with the two-step evaluation of Claimant's symptomology required by Craig v. Chater, DENIES Defendant's Motion for Judgment on the Pleadings (ECF No. 15), REVERSES the final decision of the Commissioner, and REMANDS this matter back to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further proceedings, consistent with the findings and recommendations.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented parties.
ENTER: January 25, 2017
/s/_________
ROBERT C. CHAMBERS, CHIEF JUDGE