Summary
finding that "[t]he ALJ's limited citations to the mental health records do not fairly portray plaintiff's mental health functioning for the relevant time period and cannot constitute substantial evidence to support his decision."
Summary of this case from Hankins v. Comm'r of Soc. Sec.Opinion
Case No. 1:09cv320.
June 4, 2010
ORDER
This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on April 15, 2010 (Doc. 18).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's Report and Recommendation have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C. 636, this Court finds the Magistrate Judge's Report and Recommendation to be correct.
Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. This matter is REVERSED and REMANDED to the Commissioner for further proceedings pursuant to Sentence Four of 42 U.S.C. § 405(g).