Walton v. Social Security Administration, Commissioner

Filing 17

MEMORANDUM OPINION AND ORDER DISMISSING CASE that the magistrate judge's report is ADOPTED and his recommendation is ACCEPTED; the decision of the Commissioner is REVERSED and this action is REMANDED to the Commissioner if the Social Security Administration for further proceedings consistent with this memorandum opinion and order. Signed by Judge C Lynwood Smith, Jr on 7/16/2018. (AHI )

FILED
2018 Jul-16 PM 02:43
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
DERRICK WALTON,
Claimant,
vs.
NANCY A. BERRYHILL, Acting
Commissioner, Social Security
Administration,
Defendant.

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Civil Action No. 5:16-cv-01199-CLS

MEMORANDUM OPINION AND ORDER
The magistrate judge filed a report on June 15, 2018, recommending that this
court should reverse the decision of the Commissioner of the Social Security
Administration to deny claimant’s claim for a period of disability, disability
insurance, and supplemental security income benefits, and remand the case to the
Commissioner for consideration of claimant’s use of a cane during the formulation
of claimant’s residual functional capacity.1 Claimant was notified of his right to file
objections within fourteen days of the report and recommendation,2 but to date, no
objections have been received by the court.
Having carefully reviewed and considered de novo all the materials in the court

1

Doc. no. 13 (Report and Recommendation).

2

Id. at 26-27.

file, including the report and recommendation, the court concludes that the
Commissioner’s decision was not supported by substantial evidence because it did
not discuss claimant’s need to use a cane. Accordingly, the magistrate judge’s report
is hereby ADOPTED, and the recommendation is ACCEPTED. The decision of the
Commissioner is REVERSED, and this action is REMANDED to the Commissioner
of the Social Security Administration for further proceedings consistent with this
memorandum opinion and order.
The Clerk is directed to close this file.
DONE this 16th day of July, 2018.

______________________________
United States District Judge

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