Summary
holding that where there was a direct conflict between the vocational expert's testimony and the DOT, the claimant "did not need to raise the conflict at the hearing or risk waiving it"
Summary of this case from Olive v. ColvinOpinion
CIVIL ACTION NO. 4:12-CV-496-Y
09-04-2013
CYNTHIA DUNN v. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY
ORDER ADOPTING MAGISTRATE JUDGE'S
FINDINGS, CONCLUSIONS, AND RECOMMENDATION
On August 13, 2013, the United States magistrate judge issued his findings, conclusions, and recommendation ("the findings") in this case. In the findings, the magistrate judge recommended that the Court reverse and remand the decision of the commissioner of the Social Security Administration denying Plaintiff's claims for disability-insurance benefits under Title II of the Social Security Act. An order issued that same day gave all parties until August 27 to serve and file with the Court written objections to the findings. Neither party has filed objections.
After review, the Court concludes that the findings should be, and are hereby, ADOPTED as the findings and conclusions of this Court for the reasons stated therein. Accordingly, the commissioner's decision is REVERSED and REMANDED for further administrative proceedings consistent with the findings.
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TERRY R. MEANS
UNITED STATES DISTRICT JUDGE