Summary
noting that practice of SDMs signing forms in space designated for medical consultant's signature leads to ALJs relying on their opinion as medical evidence and noting that SDM's assessment has no evidentiary weight
Summary of this case from Stewart v. AstrueOpinion
Case No. 08-4130-JAR.
January 4, 2010
ORDER ADOPTING REPORT AND RECOMMENDATION
Fourteen days having passed, and no written objections being filed to the proposed findings and recommendations filed by Magistrate Judge Gerald B. Cohn, and after a de novo determination upon the record pursuant to Fed.R.Civ.P. 72(b), the Court accepts the recommended decision and adopts it as its own.
IT IS THEREFORE ORDERED that the decision of the Commissioner be reversed, and that the case be remanded pursuant to the fourth sentence of 42 U.S.C. § 405(g), for further proceedings in accordance with the December 14, 2009 Report and Recommendation (Doc. 24).
IT IS SO ORDERED.