Summary
In Salinas, the court found the "path of reasoning" had "been obscured by the ALJ's reliance on the treating records of another individual", holding that "[b]ecause the ALJ's rationale is based largely on the records of another individual, it is impossible to determine whether substantial evidence supports the administrative decision."
Summary of this case from Harper v. ColvinOpinion
CASE NUMBER: 12-11614
07-12-2013
Rebecca Arien Salinas, Plaintiff, v. Commissioner of Social Security, Defendant.
HONORABLE VICTORIA A. ROBERTS
MAG. JUDGE R. STEVEN WHALEN
ORDER ADOPTING REPORT AND RECOMMENDATION
On June 7, 2013, Magistrate Judge Whalen issued a Report and Recommendation [Doc.23], recommending that Plaintiff's Motion for Remand [Doc. 12] be granted and Defendant's Motion for Summary Judgment [Doc. 17] be denied. Neither party filed objections within the fourteen day period pursuant to Fed.R.Civ.P 72(b) and 28 U.S.C. § 636(b)(1). The Court adopts the Report and Recommendation.
This matter is REMANDED for further administrative proceedings that include:
(1) redaction of files pertaining to other individuals;
(2) re-contact of the treating physician to determine if additional treating records exist for Plaintiff; and
(3) consideration of records submitted after the administrative opinion issued on September 10, 2012.
IT IS ORDERED.
____________________
Victoria A. Roberts
United States District Judge
The undersigned certifies that a copy of this document was served on the attorneys of record by electronic means or U.S. Mail on July 12, 2013. Carolyn Ciesla for Linda Vertriest
Deputy Clerk