Opinion
Civil Action No. 3:09-CV-2438-L.
October 18, 2010
ORDER
Before the court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge ("Report"), filed September 4, 2010; and Defendant's Notice to the Court on the Findings, Conclusions, and Recommendation of the United States Magistrate Judge, filed September 4, 2010.
Plaintiff contests the findings of the administrative law judge ("ALJ") who considered her case, arguing that the ALJ applied the incorrect legal standard in evaluating the evidence. The magistrate judge, after a careful analysis, determined that the ALJ did apply the incorrect legal standard and recommended that the case is remanded to the ALJ. Defendant filed notice that no response would be filed to the Report.
Having reviewed the pleadings, file, and record in this case, and the findings and conclusions of the magistrate judge, the court determines that the findings and conclusions are correct. The magistrate judge's findings and conclusions are therefore accepted as those of the court. Accordingly, the final decision of the Commissioner denying disability benefits is reversed and this action is remanded to the Commissioner for further proceedings consistent with the court's order. It is so ordered this 18th day of October, 2010.