Summary
remanding where ALJ mistakenly concluded that physician did not provide treatment to claimant during the relevant period; "[o]ther courts reviewing similar errors by ALJ's regarding treating physicians have also refused to find such errors to be harmless"
Summary of this case from Johnson v. ColvinOpinion
CIVIL NO. 3:13cv46-JRS
02-03-2014
VICKY FAYE PARRISH, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.
FINAL ORDER
This matter is before the Court on the Report and Recommendation of the Magistrate Judge (R&R) entered on January 8, 2014 (ECF No. 19). The time to file objections has expired and neither party has objected to the R&R. Having considered the matter and deeming it otherwise proper and just to do so, it is hereby ORDERED:
(1) The Report and Recommendation (ECF No. 19) is ADOPTED as the opinion of this Court.
(2) Defendant's Motion for Summary Judgment (ECF No. 14) is DENIED.
(3) Plaintiff's Motion for Summary Judgment (ECF No. 12) is GRANTED.
(4) The final decision of the Commissioner is VACATED and REMANDED to the ALJ to reweigh the evidence to determine whether Plaintiff was disabled for Disability Insurance Benefits purposes, as explained in the R&R.
(5) This case is CLOSED.
Let the Clerk of the Court send a copy of this Final Order to Plaintiff and all counsel of record.
It is so ORDERED. Richmond, Virginia
Date: 2/3/14
__________
James R. Spencer
United States District Judge