Summary
remanding case for additional consideration of memory problems identified by examining psychologist where ALJ cursorily concluded that plaintiff did not have "additional impairment" sufficient to meet Listing 12.05C
Summary of this case from Bailey v. AstrueOpinion
CIVIL ACTION No. 08-2345-KHV.
July 1, 2009
ORDER
Vernon Smith appeals the final decision of the Commissioner of Social Security to deny disability insurance benefits and supplemental security income under Sections 216(i), 223, 1602 and 1614(a)(3)(A) of the Social Security Act. See 42 U.S.C. §§ 416(i), 423, 1381a, and 1382c(a)(3)(A). On June 8, 2009, Magistrate Judge Donald W. Bostwick recommended that the Commissioner's decision be reversed and that this case be remanded pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further proceedings. See Report And Recommendation (Doc. #14). The deadline for written objections to the report and recommendation was June 22, 2009. See Rules 72(a) and 6(a), Fed.R.Civ.P. The parties have not objected. The Court therefore adopts the Report And Recommendation (Doc. #14) in its entirety.
IT IS THEREFORE ORDERED that the Commissioner's decision be and hereby is REVERSED. This case is REMANDED pursuant to the fourth sentence of 42 U.S.C. § 405(g) for further proceedings consistent with the Report And Recommendation (Doc. #14) filed June 8, 2009.