Summary
concluding that "it certainly appear[ed] at least possible that [claimant] satisfied Listing 3.02's criteria" and remanding because "it is not the Court's role to make such factual determinations in the first instance"
Summary of this case from Rodgers v. SaulOpinion
Case No. 13-15175
11-20-2014
DUANE WOOLLEY, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
MAGISTRATE JUDGE DAVID R. GRAND
ORDER ADOPTING REPORT AND RECOMMENDATION [18]; DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [17]; GRANTING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [14]; AND REMANDING FOR FURTHER PROCEEDINGS
On October 31, 2014, Magistrate Judge David R. Grand issued a Report and Recommendation [18] on the parties' motions for summary judgment [14, and 17]. Neither party has filed any objection to the Report and Recommendation.
The Court having reviewed the record, the Report and Recommendation [18] is hereby ADOPTED and entered as the findings and conclusions of the Court.
IT IS ORDERED that Defendant's Motion for Summary Judgment [17] be DENIED and Plaintiff's Motion for Summary Judgment [14] be GRANTED IN PART.
IT IS FURTHER ORDERED that this matter is REMANDED for further proceedings in accordance with the Report and Recommendation [18].
SO ORDERED.
s/Arthur J. Tarnow
ARTHUR J. TARNOW
SENIOR U.S. DISTRICT JUDGE
Dated: November 20, 2014