Summary
noting that "SSR 85-15 is applicable only to the issue of whether a claimant is capable of performing other work at step five"
Summary of this case from Carrothers v. ColvinOpinion
CASE NO. C08-5058RJB-KLS.
October 20, 2008
ORDER
The Court, having reviewed plaintiff's complaint, the Report and Recommendation of Judge Karen L. Strombom, United States Magistrate Judge, and objections to the report and recommendation, if any, and the remaining record, does hereby find and ORDER:
(1) the Court adopts the Report and Recommendation;
(2) the ALJ erred in his decision as described in the report;
(3) the matter is therefore REVERSED and remanded to the Commissioner for further administrative proceedings; and
(4) the Clerk is directed to send copies of this Order to plaintiff's counsel, defendant's counsel and Magistrate Judge Karen L. Strombom.