Opinion
CASE NO. C08-5208FDB.
January 26, 2009
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court, having reviewed plaintiff's complaint, the Report and Recommendation of Judge J. Kelley Arnold, United States Magistrate Judge, and objections to the report and recommendation, if any, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation;
(2) the ALJ erred in his decision as described in the report;
(3) the matter is REVERSED and REMANDED to the administration for an award of appropriate benefits; and
(4) The Clerk is directed to send copies of this Order to plaintiff's counsel, defendant's counsel and Magistrate Judge J. Kelley Arnold.