Summary
noting that an assumption regarding a plaintiff's ability to perform a certain activity "is speculation, not evidence," and would not provide support for the plaintiff's ability to perform a specific job
Summary of this case from Walls v. BerryhillOpinion
Case No. CIV-07-390-L.
July 7, 2008
ORDER
On June 12, 2008, Magistrate Judge Bana Roberts entered her Report and Recommendation in this action brought by plaintiff for judicial review of the final decision of the defendant Commissioner denying, in part, plaintiff's application for disability insurance benefits under the Social Security Act. The Magistrate Judge recommended that the Commissioner's decision be reversed and the matter be remanded for further administrative proceedings.
The court file reflects that no party has filed a written objection to the Report and Recommendation within the time limit allowed. Upon de novo review, the court finds that the the Report and Recommendation should be and is hereby adopted in its entirety.
Accordingly, the decision of the Commissioner is REVERSED and this matter is REMANDED to the Commissioner for further administrative proceedings consistent with the June 12, 2008 Report and Recommendation of the Magistrate Judge.
It is so ordered.