Summary
holding that failure to provide specific and legitimate reasons for rejecting the physician's opinion was not harmless where crediting the opinion would have led to a more restrictive RFC
Summary of this case from Betts-Cossens v. BerryhillOpinion
CASE NO. C12-5590 BHS
01-13-2014
GENEVA L. CROSE, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.
ORDER ADOPTING REPORT
AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable J. Richard Creatura, United States Magistrate Judge. Dkt. 19. The Court having considered the R&R and the remaining record, and no objections having been filed, does hereby find and order as follows:
(1) The R&R is ADOPTED;
(2) Defendant's decision is REVERSED; and
(3) This action is REMANDED for further administrative proceedings in accordance with the findings contained in the R&R.
_______________
BENJAMIN H. SETTLE
United States District Judge