Summary
finding that plaintiff's appreciable medical findings supporting her impairments, while insufficient to meet a listing, presented sufficient evidence to suggest that a finding of medical equivalence was at least plausible, thereby necessitating a medical opinion on the issue
Summary of this case from Walker v. Comm'r of Soc. Sec. Admin.Opinion
Case No. 12-14057
01-21-2014
CATHERINE BROWN, Plaintiff, v. THE COMMISSIONER OF SOCIAL SECURITY, Defendant.
HON. GERSHWIN A. DRAIN
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [#16]
AND REMANDING THE DECISION OF THE COMMISSIONER FOR FURTHER
ADMINISTRATIVE PROCEEDINGS
This matter is before the Court on Plaintiff Catherine Brown's ("Brown") appeal of an administrative law judge's decision that Brown was not under a "disability" as the term is used in the Social Security Act. The administrative law judge was acting on behalf of the Defendant Commissioner of Social Security ("Commissioner"). The matter was referred to Magistrate Judge Laurie J. Michelson, who issued a Report and Recommendation on December 10, 2013, recommending that the Court remand the decision of the Commissioner for further administrative proceedings. Magistrate Judge Michelson concluded that the administrative law judge committed legal error by failing to obtain a medical expert's opinion on whether Brown's impairments, alone or in combination with her mental impairments, medically equaled one of the Social Security Administration's listed impairments. Neither party has filed objections to the Magistrate Judge's Report and Recommendation, and the time for filing objections has expired. See 28 U.S.C. § 636(b)(1)(C).
Upon review of the parties' briefing and the Magistrate Judge's Report and Recommendation, the Court concludes that the Magistrate Judge reached the correct conclusion. Therefore, the Court hereby ACCEPTS and ADOPTS Magistrate Judge Michelson's December 10, 2013 Report and Recommendation [#16] as this Court's findings of fact and conclusions of law. The decision of the Commissioner is REMANDED for an opinion consistent with Magistrate Judge Michelson's December 10, 2013 Report and Recommendation.
SO ORDERED.
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GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE