Opinion
CASE NO. 1:06-cv-00234-MP-WCS.
January 4, 2008
ORDER
This matter is before the Court on Doc. 24, Report and Recommendation of the Magistrate Judge, recommending that the decision of the Commissioner to deny Plaintiff's application for Social Security benefits be reversed and the Commissioner be ordered to grant Plaintiff's application for disability benefits. The Commissioner did not object, and the time for filing objections has passed. The Court agrees with the Magistrate Judge that the ALJ incorrectly discounted the opinion of the treating psychiatrist that plaintiff suffered depression and bipolar disorder severe enough to satisfy Listing 12.04. For the reasons given on pp. 11-12 of the Report and Recommendation, the Court agrees that Plaintiff meets the requirements of this Listing and should be awarded benefits. Accordingly, it is hereby
ORDERED AND ADJUDGED:
The Report and Recommendation is adopted and incorporated herein.
The decision of the Commissioner to deny Plaintiff's application for Social Security benefits is reversed and the Commissioner is ordered to grant Plaintiff's application for disability benefits
DONE AND ORDERED.