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finding that the RFC was not supported by substantial evidence where the ALJ rejected the only opinion evidence in the record, leaving the court "with the circumstance of the ALJ interpreting raw medical data to arrive at a residual functional capacity determination, without the benefit of an expert medical opinion."
Summary of this case from Gross v. Comm'r of Soc. Sec.Opinion
Case No: 12-15097-DT
2013-10-18
MARICE ALLEN, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
This matter case was referred to United States Magistrate Judge Michael Hluchaniuk pursuant to 28 U.S.C. §636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued his report on September 13, 2013, recommending that defendant's motion for summary judgment should be DENIED, that plaintiff's motion for summary judgment be GRANTED IN PART, that the findings of the Commissioner be REVERSED IN PART and that the case be REMANDED under Sentence Four for further proceedings. No objections have been filed pursuant to 28 U.S.C. 636(b)(1)(C), thus further appeal rights are waived.
The failure to object to the magistrate judge's report releases the court from its duty to independently review the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985).
Having reviewed the file and the report, the court concludes that the findings and conclusions of the Magistrate Judge are correct and ADOPTS the same for purposes of this Order.
ORDER
IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, the plaintiff's motion for summary judgment is GRANTED IN PART, the defendant's motion for summary judgment is DENIED, the findings of the Commissioner are REVERSED IN PART and the case is REMANDED under Sentence Four for further proceedings.
IT IS SO ORDERED.
________________
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, October 18, 2013, by electronic and/or ordinary mail.
Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522