Summary
stating that "The ALJ's open-ended, non-specific questions such as, 'Now, anything else you feel like you need to tell me ... anything that would affect your ability to work?,' were inadequate ... to satisfy the ALJ's heightened duty to learn Plaintiff's version of the pertinent facts regarding the impact of his mental impairment" when the plaintiff was unrepresented and the record contained evidence of a specific impairment.
Summary of this case from Tillery v. BerryhillOpinion
Case No. CIV-07-453-M.
February 28, 2008
ORDER
On January 24, 2008, United States Magistrate Judge Valerie K. Couch issued a Report and Recommendation in this action brought pursuant to 42 U.S.C. § 405(g) for judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying plaintiff's application for disability insurance benefits and supplemental security income benefits. The Magistrate Judge recommended the Commissioner's decision be reversed and remanded for further administrative proceedings. The parties were advised of their right to object to the Report and Recommendation by February 13, 2008. A review of the file reveals no objection has been filed.
Upon de novo review, the Court:
(1) ADOPTS the Report and Recommendation issued by the Magistrate Judge on January 24, 2008;
(2) REVERSES the decision of the Commissioner;
(3) REMANDS for further administrative proceedings consistent with the Report and Recommendation; and
(4) ORDERS that judgment issue forthwith in accordance with the provisions of sentence four of 42 U.S.C. § 405(g).