Summary
holding that physician's statement that claimant should "limit his activities" provided "no basis upon which the ALJ could have derived functional limitations"
Summary of this case from Carter v. BerryhillOpinion
CASE NO. 14-CV-12305
06-30-2015
JOHNNY L. BEAVERS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION (DOC. #14) GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. #11), DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. #12) AND REMANDING ACTION
Before the court are the parties' cross-motions for summary judgment, which were referred to the magistrate judge for a report and recommendation. On June 3, 2015, Magistrate Judge Mona Majzoub issued her report, recommending that the court grant plaintiff's motion for summary judgment, deny the defendant's motion for summary judgment, and remand the matter to the Commissioner of Social Security.
The magistrate judge specifically stated that any objections to her report were to be filed within 14 days of service, and that failure to file such objections constituted a waiver of any further right to appeal. See Thomas v. Arn, 474 U.S. 140, 155 (1985). No such objections were filed by either party.
The court has reviewed the record and briefing in this matter, as well as the magistrate judge's report and recommendation. Finding that report and recommendation to be well-reasoned, the court hereby adopts the result recommended therein. Accordingly, plaintiff's motion for summary judgment is hereby GRANTED. Defendant's motion for summary judgment is DENIED, and this cause of action is REMANDED to the Commissioner of Social Security as stated in the report and recommendation.
IT IS SO ORDERED. Dated: June 30, 2015
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
June 30, 2015, by electronic and/or ordinary mail.