Summary
remanding based on the ALJ's failure to explicitly conduct a function-by-function analysis
Summary of this case from Gomez v. SaulOpinion
5:05-CV-1484 (LEK/GHL).
August 18, 2008
DECISION AND ORDER
This matter comes before the Court following a Report-Recommendation filed on July 29, 2008, by the Honorable George H. Lowe, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 10).
Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to Judge Lowe's Report-Recommendation. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.
Accordingly, it is hereby
ORDERED, that the Report-Recommendation (Dkt. No. 10) is APPROVED and ADOPTED in its ENTIRETY; and it is further
ORDERED, and that this matter be remanded to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings; and it is further
Sentence four reads: "[t]he court shall have the power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing." 42 U.S.C. § 405(g) (2005).
ORDERED, that the Clerk serve a copy of this Order on all parties.
IT IS SO ORDERED.