Summary
concluding that the ALJ erred in affording great weight to State-Agency physicians who did not have access to the "bulk of the evidence about plaintiff's mental condition."
Summary of this case from Elkins v. Comm'r of Soc. Sec.Opinion
Case No. 2:12-cv-91
01-11-2013
Elisa Gay Landenberger, Plaintiff, v. Commissioner of Social Security, Defendant.
Judge Watson Magistrate Judge Kemp
ORDER
On December 10, 2012, the United States Magistrate Judge recommended that the decision of the Commissioner be reversed and that the action be remanded to the Commissioner of Social Security for further consideration of the treating physicians' opinions and review of the complete record. Report and Recommendation, ECF No. 20. Although the parties were advised of their right to object to the recommendation within fourteen days and of the consequences of their failure to do so, there has nevertheless been no objection.
The Report and Recommendation, ECF No. 20, is ADOPTED AND AFFIRMED. The decision of the Commissioner is REVERSED and the action is REMANDED to the Commissioner of Social Security, pursuant to Sentence 4 of 42 U.S.C. § 405(g), for further consideration of the treating physicians' opinions and review of the complete record.
The Clerk is DIRECTED to enter FINAL JUDGMENT pursuant to Sentence 4 of 42 U.S.C. § 405(g).
IT IS SO ORDERED.
______________________
MICHAEL H. WATSON , JUDGE
UNITED STATES DISTRICT COURT