Summary
holding that the ALJ's assertion that the claimant's agoraphobia diagnosis was "inconsistent with [his] demonstrated ability to get out of the house on a regular basis is incorrect" because the Diagnostic & Statistical Manual of Mental Disorders "identifies three criteria that must be met to support a diagnosis of agoraphobia, none of which requires that an individual be unable to leave the house on a regular basis"
Summary of this case from Gordon v. ColvinOpinion
CASE NO. 13-cv-05307 RBL
05-14-2014
JACK SANTORNINO ABAD, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.
ORDER ADOPTING REPORT AND
RECOMMENDATION
The Court, having reviewed the Report and Recommendation of Judge J. Richard Creatura, United States Magistrate Judge, and the relevant record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation.
(2) The matter is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) to the Commissioner for further consideration.
(3) JUDGMENT is for plaintiff and the case should be closed.
(4) The Clerk is directed to send copies of this Order to counsel of record.
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RONALD B. LEIGHTON
UNITED STATES DISTRICT JUDGE