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concluding that a person's unsuccessful attempts to work generally "confirm ... the sincerity of his [or her] testimony" concerning the limiting effects of their impairments"
Summary of this case from Mebane v. Comm'r of Soc. Sec.Opinion
Case No. 3:15cv00128
07-13-2016
JASON LADWIG, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of the Social Security Administration, Defendant.
Chief Magistrate Judge Sharon L. Ovington
DECISION AND ENTRY
The Court has conducted a de novo review of the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #11), to whom this case was originally referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations.
It is therefore ORDERED that:
1. The Report and Recommendations docketed on June 22, 2016 (Doc. #11) is ADOPTED in full;
2. The Commissioner's non-disability finding is VACATED;
3. No finding is made regarding whether Plaintiff Jason Ladwig is under a "disability" within the meaning of the Social Security Act;
4. This matter is REMANDED to the Social Security Administration pursuant to Sentence Four of 42 U.S.C. §405(g) for further proceedings consistent with this Decision and Entry and the Report and Recommendations; and
5. The case is terminated on the docket of this Court.
/s/_________
Walter H. Rice
United States District Judge