Summary
finding the plaintiff did not meet Listing 1.04A when the radiologist provided an equivocal statement that he could not "exclude resultant nerve root compression"
Summary of this case from Aldao v. ColvinOpinion
CASE NO.: 8:08-cv-2281-T-23TBM.
February 4, 2010
ORDER
On January 19, 2010, Magistrate Judge Thomas B. McCoun, III, issued a report (Doc. 16)(1) finding that the decision of the Commissioner is neither supported by substantial evidence nor in accord with the correct legal standard and (2) recommending reversal of the Commissioner's decision and remand of this action for further proceedings. Having received no objection to the report and recommendation, the report and recommendation (Doc. 16) is ADOPTED. Pursuant to 42 U.S.C. § 405(g), this action is REVERSED and REMANDED for further proceedings consistent with the report and recommendation. The Clerk is directed to (1) enter judgment in favor of the plaintiff and against the defendant, (2) terminate any pending motion, and (3) close the case.
ORDERED in Tampa, Florida.