Opinion
Civil No. 08-1456-CL.
November 19, 2009
ORDER
On November 3, 2009, Magistrate Judge Clarke filed his Report and Recommendation, which recommends reversing the decision of the Commissioner and remanding the matter for further administrative proceedings. No party has objected to that Recommendation. The matter is now before me for de novo review pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b).
Conclusion
Magistrate Judge Clarke's Report and Recommendation (docket # 20) are adopted. The decision of the Commissioner is reversed and the matter remanded, pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings.
On remand, the Administrative Law Judge ("ALJ") will re-evaluate the evidence as is stated in Judge Clarke's Report and Recommendation. If determined to be necessary following that re-evaluation, the ALJ will revise his Residual Functional Capacity analysis and apply the correct medical-vocational guideline or obtain vocational expert testimony regarding Rushfeldt's workplace limitations. The ALJ will then make adequate step four and five findings in light of the foregoing analysis.
IT IS SO ORDERED.