Summary
finding the ALJ's decision to invalidate the claimant's IQ score based on the test administrator's comment that the claimant had shown poor effort during testing was improper where the administrator's full evaluation revealed that claimant was cooperative and consistently functioned within the intellectually deficient range
Summary of this case from George v. Comm'r of Soc. Sec.Opinion
Case No. 15-13845
02-17-2017
BAQUAN J. CRITTENDON, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE STAFFORD'S NOVEMBER 17 , 2016 REPORT AND RECOMMENDATION
The court, pursuant to Rule 72(b) of the Federal Rules of Civil Procedure, 28 U.S.C. § 636(b)(1)(B), and LR 72.1(E.D. Mich. March 1, 2010), has reviewed Magistrate Judge Elizabeth A. Stafford's November 17, 2016 Report and Recommendation, as well as Plaintiff's December 1, 2016 objections to the report and Defendant's December 12, 2016 response to those objections.
After conducting a de novo review, the court hereby ORDERS that Magistrate Judge Stafford's Report and Recommendation is ADOPTED.
It is further ORDERED that plaintiff Baquan J. Crittendon's motion for summary judgment is DENIED.
It is further ORDERED that defendant Commissioner's motion for summary judgment is GRANTED, and the Commissioner's decision is AFFIRMED.
s/John Corbett O'Meara
United States District Judge Date: February 17, 2017
I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, February 17, 2017, using the ECF system and/or ordinary mail.
s/William Barkholz
Case Manager