Lee v. Social Security Administration, Commissioner

Filing 13

MEMORANDUM OPINION, as set out. The court hereby SUSTAINS defendant's objections to the Report and Recommendation. The court accepts the Report and Recommendation of the Magistrate Judge to the extent it recommends that the judgment of the ALJ be reversed but not to the extent it recommends awarding benefits. This case is due to be remanded with instructions for the ALJ to reevaluate the medical evidence. Signed by Judge Sharon Lovelace Blackburn on 3/30/15. (CTS, )

FILED
2015 Mar-30 PM 12:01
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
PEGGY ANN LEE,
Plaintiff,
vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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Case Number 6:13-cv-786-SLB

MEMORANDUM OPINION
On December 15, 2014, the Magistrate Judge filed a Report and Recommendation,
recommending that the Administrative Law Judge’s (“ALJ”) decision finding that
plaintiff was not disabled be reversed with instructions for the Secretary to award plaintiff
benefits. (Doc. 10 at 15.)1 The parties were allowed fourteen days in which to file
objections to the recommendations made by the Magistrate Judge, (id.), and on December
29, 2014, defendant filed objections to the Report and Recommendation, (Doc. 12).
After careful consideration of the record in this case, the Magistrate Judge’s
Report and Recommendation, and defendant’s objections, the court hereby SUSTAINS
defendant’s objections. The court accepts the Report and Recommendation of the
Magistrate Judge to the extent it recommends that the judgment of the ALJ be reversed

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Reference to a document number, [“Doc. ___”], refers to the number assigned to each
document as it is filed in the court’s record.

but not to the extent it recommends awarding benefits. This case is due to be remanded
with instructions for the ALJ to reevaluate the medical evidence.
DONE this 30th day of March, 2015.

SHARON LOVELACE BLACKBURN
UNITED STATES DISTRICT JUDGE

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