Opinion
Civil Action 3:20-0739
08-13-2021
JAMES HARVEY YORK, Plaintiff, v. KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY, [1] Defendant.
MEMORANDUM OPINION AND ORDER
ROBERT C. CHAMBERS, UNITED STATES DISTRICT JUDGE
This action was referred to the Honorable Omar J. Aboulhosn, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted Findings of Fact and recommended that the Court grant the Plaintiff's request for remand (ECF No. 17); deny the Defendant's request to affirm the decision of the Commissioner (ECF No. 18); reverse the final decision of the Commissioner, and remand this matter back to the Commissioner pursuant to the fourth sentence of 42 U.SC. § 405(g) for further administrative proceedings in order to determine the impact of Claimant's cane use on his residual functional capacity prior to his date last injured. No objections to the Magistrate Judge's findings and recommendation have been filed.
Accordingly, the Court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and, consistent with the findings and recommendation, GRANTS the Plaintiff's request for remand (ECF No. 17); DENIES the Defendant's request to affirm the decision of the Commissioner (ECF No. 18); REVERSES the final decision of the Commissioner, and REMANDS this matter back to the Commissioner pursuant to the fourth sentence of 42 U.SC. § 405(g) for further administrative proceedings in order to determine the impact of Claimant's cane use on his residual functional capacity prior to his date last injured.
The Court DIRECTS the Clerk to forward copies of this written opinion and order to all counsel of record, and any unrepresented parties.