Summary
In Barker, the court found that the ALJ read treatment notes out of context and disregarded evidence showing fluctuations in the claimant's mental condition.
Summary of this case from D.F v. KijakaziOpinion
Case No. CIV-08-1118-M.
November 17, 2009
ORDER
On October 21, 2009, United States Magistrate Judge Robert E. Bacharach issued a Report and Recommendation in this action brought pursuant to 42 U.S.C. § 405(g) for judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying plaintiff's application for social security insurance benefits. The Magistrate Judge recommended the Commissioner's decision be reversed and remanded for further proceedings. The parties were advised of their right to object to the Report and Recommendation by November 10, 2009. A review of the file reveals no objection has been filed.
Upon de novo review, the Court:
(1) ADOPTS the Report and Recommendation issued by the Magistrate Judge on October 21, 2009;
(2) REVERSES the decision of the Commissioner;
(3) REMANDS for further proceedings consistent with the Report and Recommendation;
(4) DECLINES to require consideration by a different administrative law judge; and
(5) ORDERS that judgment issue forthwith in accordance with the provisions of sentence four of 42 U.S.C. § 405(g).