Bragg v. Astrue

Filing 39

ORDER ADOPTING REPORT AND RECOMMENDATION: The 38 Report and Recommendation is adopted. This matter is remanded to the Administrative Law Judge for further consideration consistent with the terms of this Order and the Report and Recommendation, (Doc. 38 ). The Clerk of the Court shall enter judgment in this matter and close its file. Signed by Judge Cindy K Jorgenson on 3/25/2014. (MFR)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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James Ellis Bragg,
Plaintiff,

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ORDER

v.
Carolyn W. Colvin, Acting Commissioner
of Social Security Administration,

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No. CV-12-00813-TUC-CKJ

Defendant.
On February 7, 2014, Magistrate Judge D. Thomas Ferraro issued a Report and
Recommendation, (Doc. 38), in which he recommended that this Court vacate the
Commissioner’s decision denying Plaintiff’s claim for benefits and remand the case to
the Administrative Law Judge for further proceedings. (“ALJ”).
Specifically, Magistrate Judge Ferraro recommended that the case be remanded to
the ALJ because the ALJ failed to provide legally sufficient reasons for determining that
Plaintiff had the mental impairment of “situational affective disorder” as opposed to
“major depressive disorder, severe, without psychosis.”

The ALJ further failed to

provide sufficient reasons in evaluating the opinions of Plaintiff’s treating doctors
regarding Plaintiff’s mental impairment. Magistrate Judge Ferraro further recommends
that the ALJ consider that Plaintiff amended his onset date from February 25, 2005 to
March 13, 2009, which the ALJ failed to discuss in his decision.
No objections have been filed within the time provided by Federal Rule of Civil
Procedure 72(b)(2).
Accordingly, after an independent review, IT IS ORDERED:

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The Report and Recommendation (Doc. 38) is ADOPTED.

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This matter is remanded to the Administrative Law Judge for further

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consideration consistent with the terms of this Order and the Report and

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Recommendation, (Doc. 38).

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3.

The Clerk of the Court shall enter judgment in this matter and close its file.

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Dated this 25th day of March, 2014.

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