Terrien v. Social Security Administration, Commissioner

Filing 16

MEMORANDUM OPINION AND ORDER that the magistrate judge's report and recommendation is hereby ADOPTED and INCORPORATED by reference herein; claimant's request that the decision of the Commissioner be reversed and this action be remanded to the Commissioner of the Social Security Administration is GRANTED as more fully set out in order. Signed by Judge Liles C Burke on 1/4/2019. (AHI)

FILED
2019 Jan-04 PM 02:40
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
SAMANTHA NICOLE TERRIEN,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Case No.: 5:17-cv-1761-LCB

MEMORANDUM OPINION AND ORDER
The magistrate judge entered a report (Doc. 14) on December 14, 2018,
recommending that the Court reverse the decision of the Commissioner of the
Social Security Administration to deny claimant’s claim for disability insurance
and supplemental security income benefits and remand the case to the
Commissioner for further consideration. The parties were notified of their right to
file objections within fourteen days of the report and recommendation.

No

objections have been filed by either party.
Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation, the Court concludes that the
Commissioner’s failure to acknowledge the medical evidence that supports
claimant’s allegations regarding her pain and limitations associated with her

Crohn’s disease and to include those limitations in her residual functioning
capacity determination was not based on substantial evidence.
Accordingly,
IT IS ORDERED that the magistrate judge’s report and recommendation
(Doc. 14) is hereby ADOPTED and INCORPORATED by reference herein.
IT IS FURTHER ORDERED that claimant’s request that the decision of the
Commissioner be reversed and this action be remanded to the Commissioner of the
Social Security Administration is GRANTED.

A separate judgment will be

entered separately.

DONE and ORDERED this January 4, 2019.

_________________________________
LILES C. BURKE
UNITED STATES DISTRICT JUDGE

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