Summary
In Sowells v. Astrue, 2013 WL 2471681 (W.D.La. June 7, 2013), the court found error where the ALJ did not subpoena the consultative examiner for testimony at the hearing, thereby depriving the plaintiff of the opportunity to cross-examine an expert the ALJ later relied on.
Summary of this case from Derocher v. Comm'r of Soc. Sec.Opinion
CIVIL ACTION NO. 2:12-CV-0086
06-07-2013
DANNY SOWELLS v. MICHAEL J. ASTRUE, COMISSIONER OF SOCIAL SECURITY
JUDGE PATRICIA MINALDI
MAGISTRATE JUDGE KATHLEEN KAY
JUDGMENT
There being no objection to the proposed findings of fact and conclusions of law in the Report and Recommendation [Doc. 14] of the Magistrate Judge previously filed herein, these findings and conclusions are accepted. Alternatively, this court concludes that the proposed findings and conclusions are entirely correct. Accordingly,
IT IS ORDERED that the Commissioner's Motion to Remand be GRANTED and the decision be VACATED and the matter REMANDED pursuant to the fourth sentence of 42 U.S.C. § 405(g).
Lake Charles, Louisiana, on this ___ day of ___, 2013.
________________
PATRICIA MINALDI
UNITED STATES DISTRICT JUDGE