Opinion
CASE NO. 2:10-CV-685-FtM-36SPC.
September 2, 2011
ORDER
THIS CAUSE came on for consideration upon the Report and Recommendation filed by United States Magistrate Judge Sheri Chappell on July 13, 2011 (Dkt. 22), recommending that the Court remand the decision of the Commissioner. No party has filed an objection, and the time to do so has expired.
After careful consideration of the Report and Recommendation of the Magistrate Judge, in conjunction with an independent examination of the court file, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects. The record is unclear as to whether Plaintiff has restrictions that would affect her ability to do unskilled light work. Additionally, it is unclear whether the Administrative Law Judge would need to move to Step Five of the sequential inquiry described in the regulations, 20 C.F.R. §§ 404.1520(a), 404.920(a). This error is not harmless, and thus, the Court remands the decision of the Commissioner.
Accordingly, it is hereby ORDERED and ADJUDGED as follows:
1) The Report and Recommendation of the Magistrate Judge (Dkt. 22) is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, including appellate review.
2) The decision of the Commissioner is reversed and REMANDED.
3) The Clerk is directed to terminate all pending motions, enter judgment accordingly, and CLOSE this case.DONE AND ORDERED at Ft. Myers, Florida.