Summary
In Romero, the question of onset date was reasonably suggested by the testimony at the hearing and should have been followed up by the ALJ.
Summary of this case from King v. ColvinOpinion
Case No: 08-2584-JWL.
September 30, 2009
ORDER
On September 14, 2009, a Report and Recommendation (doc. #12) was issued by the Honorable Gerald B. Cohn, Magistrate Judge. The time in which to file objections has passed and to date no objections have been filed. The court has reviewed the Report and Recommendation and finds that it should be adopted.
IT IS THEREFORE ORDERED BY THE COURT that the Report and Recommendation (doc. #12) is adopted. The Commissioner's decision is REVERSED and in accordance with the fourth sentence of 42 U.S.C. § 405(g) this case is REMANDED to the Commissioner with instructions to immediately award benefits based on an onset date of disability of July 2, 2000.
IT IS SO ORDERED.