Summary
finding the ALJ's credibility determination unsupported by the evidence when the ALJ "overstated [the claimant's] role as care-taker" of her mother
Summary of this case from Gursky v. ColvinOpinion
Case No. 3:09-cv-00062.
July 5, 2011
ORDER
Pending before the Court is Plaintiff Amanda G. Starks' Motion for Judgment on the Administrative Record ("Plaintiff's Motion") (Doc. No. 17), in response to which Defendant Michael J. Astrue, Commissioner of Social Security ("Commissioner"), filed a Motion for Judgment on the Pleadings ("Defendant's Motion") (Doc. No. 21). Plaintiff then filed a Reply brief. (Doc. No. 25.) Subsequently, Magistrate Judge Griffin issued a Report and Recommendation ("Report") (Doc. No. 26) recommending that Plaintiff's Motion should be granted, that Defendant's Motion should be denied, and that the case should be remanded for further proceedings. ( Id. at 41.) The Report was filed on June 14, 2011, and neither party has raised any objections to date.
Upon review of this matter, the Court finds the Report to be well-founded and ADOPTS it in its entirety. Accordingly, the Court GRANTS Plaintiff's Motion, DENIES Defendant's Motion, and REMANDS this case to the Commissioner for further consideration of Plaintiff's subjective complaints of pain and of her obesity as recommended by the Magistrate Judge ( see Doc. No. 26 at 41).
It is so ORDERED.
Entered this 1st day of July, 2011.