Carter v. Social Security Administration, Commissioner

Filing 19

MEMORANDUM OPINION AND ORDER: the magistrate judges report is ADOPTED, and therecommendation is ACCEPTED. The decision of the Commissioner is REVERSED,and this action is REMANDED to the Commissioner of the Social SecurityAdministration for further proceedings consistent with this memorandum opinion and order. Signed by Judge C Lynwood Smith, Jr on 12/20/18. (BJL)

FILED
2018 Dec-20 PM 02:11
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
JEFFERY GARCIA CARTER,
JR.,
Claimant,
vs.
NANCY A. BERRYHILL, Acting
Commissioner, Social Security
Administration,
Defendant.

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Civil Action No. 5:18-cv-0027-CLS

MEMORANDUM OPINION AND ORDER
The magistrate judge entered a report on December 3, 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 and disability
insurance benefits, and remand the case to the Commissioner for further consideration
of the Department of Veterans Affairs disability benefits letter.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
file, including the report and recommendation, the court concludes that the
1

Doc. no. 17 (Report and Recommendation).

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Id. at 20-21.

Commissioner’s decision was not supported by substantial evidence because it did
not adequately address the Department of Veterans Affairs disability benefit letter.
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 20th day of December, 2018.

______________________________
United States District Judge

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