Summary
remanding the case because it was impossible to determine whether the ALJ's decision considered relevant evidence, and on remand should consider ordering a consultative examination or explain why an examination is unnecessary
Summary of this case from Martinez v. ColvinOpinion
CIVIL ACTION NO. 09-2368.
February 15, 2010
ORDER
AND NOW, this 15th day of February, 2010, upon consideration of Plaintiff's Brief and Statement of Issues in Support of Request for Review, defendant's Response to Request for Review of Plaintiff, plaintiff's reply thereto, and after review of the Report and Recommendation of Chief United States Magistrate Judge Thomas J. Rueter, it is hereby
ORDERED
1. The Report and Recommendation is APPROVED and ADOPTED.
2. Plaintiff's Request for Review is GRANTED, and the decision of the Commissioner of the Social Security Administration is REVERSED to the extent that the matter is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with Chief United States Magistrate Judge Thomas J. Rueter's Report and Recommendation.
3. Judgment is entered in favor of plaintiff, reversing the decision of the Commissioner for the purpose of this remand only.