Summary
holding that, apart from the ALJ's error in considering plaintiff's fibromyalgia, the ALJ "did not cite record evidence that contradicts [treating source's] opinion . . . [n]or did the ALJ evaluate the other regulatory factors required to properly weigh medical opinions, such as the opinion's supportability and consistency with the record as a whole, length of the relationship between plaintiff and the treater, and the treater's specialty
Summary of this case from Madinger v. Comm'r of Soc. Sec.Opinion
Case No. 15-13811
03-13-2017
MELISSA A. EBERHARDT, Plaintiff, v. COMMISSONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION [Doc. 24]
On February 16, 2017, Magistrate Judge Stephanie Dawkins Davis issued a Report and Recommendation [Doc. 24], recommending that Plaintiff's Motion for Summary Judgment [Doc. 14] be GRANTED, Defendant's Motion for Summary Judgment [20] be DENIED, and this matter be REMANDED for further proceedings. Neither party filed objections within the fourteen day period pursuant to Fed. R. Civ. P. 72(b) and 28 U.S.C. § 636(b)(1). Accordingly, the Court ADOPTS the Report and Recommendation.
Plaintiff's motion is GRANTED; Defendant's motion is DENIED; and this matter is REMANDED for further proceedings.
Judgment will enter in favor of Plaintiff.
IT IS ORDERED.
S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge Dated: March 13, 2017