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concluding that there is "no bright-line rule requiring remand whenever an ALJ's hypothetical includes a limitation of "unskilled work" but excludes a moderate limitation in concentration" and holding that, instead, the "Court must look at the record as a whole and determine if substantial evidence supports the ALJ's RFC."
Summary of this case from Bickerstaff v. Comm'r of Soc. Sec.Opinion
Case No. 10-13894
09-22-2011
Marc E. Schalk, Plaintiff, v. Commissioner of Social Security, Defendant.
Hon. Nancy G. Edmunds
ORDER ACCEPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
This matter has come before the Court on the Magistrate Judge's Report and Recommendation. Being fully advised in the premises and having reviewed the record and the pleadings, including Defendant's Objections if any, the Court finds that the Magistrate reached the correct conclusion in the Report and Recommendation. Accordingly, the Court hereby ACCEPTS AND ADOPTS the Magistrate Judge's Report and Recommendation. It is further ordered that Plaintiff's motion for summary judgment is GRANTED, and Defendant's motion for summary judgment is DENIED. Pursuant to sentence four of 42 U.S.C. § 405(g), this matter is hereby REMANDED to the ALJ to comply with the procedural requirements of the treating source rule.
Nancy G. Edmunds
United States District Judge
I hereby certify that a copy of the foregoing document was served upon counsel of record on September 22, 2011, by electronic and/or ordinary mail.
Carol A. Hemeyer
Case Manager