Summary
finding "redirection to task as needed" not addressed by RFC limiting claimant to "perform[ing] simple routine and repetitive tasks, involving only simple work-related decisions and with few, if any, workplace changes; cannot have strict production quotas or fast-paced work such as on an assembly line; and could have occasional interaction with the general public"
Summary of this case from Barnes v. SaulOpinion
Case No. 2:18-cv-109
01-03-2019
Darrell E. Lee, Plaintiff, v. Commissioner of Social Security, Defendant.
Magistrate Judge Vascura
OPINION AND ORDER
On November 14, 2018, United States Magistrate Judge Vascura issued a Report and Recommendation ("R&R") recommending that the Court reverse the Commissioner of Social Security's ("Commissioner") non-disability finding and remand this case to the Commissioner and the ALJ under Sentence Four of § 405(g). ECF No. 16.
The R&R notified the parties of their right to file objections to the R&R pursuant to 28 U.S.C. § 636(b)(1). R&R 10, ECF No. 16. The R&R further advised the parties that the failure to object to the R&R within fourteen days would result in a waiver of the right to de novo review by the District Judge and waiver of the right to appeal the decision of the District Court adopting the R&R. Id. The deadline for filing such objections has passed, and no objections were filed.
Having received no objections, the R&R is ADOPTED. Plaintiff's statement of errors is SUSTAINED and the Commissioner's decision is REVERSED. This case is REMANDED to the Commissioner and the ALJ under Sentence Four of § 405(g) for further consideration consistent with the R&R.
IT IS SO ORDERED.
/s/ _________
MICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT