SMITH v. ASTRUE

Filing 31

MEMORANDUM OPINION & ORDER ADOPTING 30 REPORT AND RECOMMENDATION. The 30 Report and Recommendation is hereby ADOPTED; Plaintiff's 18 Motion for Judgment is GRANTED IN PART and DENIED IN PART; and Defendant's 25 Motion for Judgment on the Pleadings is DENIED; and The matter is REMANDED to the Appeals Council for the limited review set forth in the Report and Recommendation. Signed by Judge James E. Boasberg on 9/26/12. (lcjeb4)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

LAKIA SMITH,
Plaintiff,
v.

Civil Action No. 11-44 (JEB/AK)

MICHAEL J. ASTRUE,
Defendant.

MEMORANDUM OPINION AND ORDER
This matter is before the Court on the Report and Recommendation filed by Magistrate
Judge Alan Kay on Sept. 4, 2012. The 14-day period during which the parties may
file objections to the Report and Recommendation has expired, see Local Civil Rule 72.3(b), and
neither party has filed objections.
Plaintiff Lakia Smith brought this action seeking to reverse the final decision of the
Commissioner of Social Security, Defendant Michael J. Astrue, denying her applications for
disability insurance benefits under title II of the Social Security Act. The dispute centered over
whether substantial evidence demonstrated that Plaintiff was capable of performing work during
the relevant time period. Plaintiff filed a Motion for Judgment on the Record, and Defendant
filed a Motion for Judgment on the Pleadings.
After considering the parties’ Motions, Magistrate Judge Kay recommended, in the
course of a detailed 14-page Report and Recommendation, that the case be remanded to the
Appeals Council for consideration of Dr. McNair’s questionnaire, but that Plaintiff’s other
requests be denied.

1

After consideration of the Report and Recommendation of Magistrate Judge Kay, the
absence of any party’s objection thereto, the entire record before the Court, and the applicable
law, the Court will adopt Magistrate Judge Kay’s Report and Recommendation and remand the
matter to the Appeals Council.
The Court, accordingly, ORDERS that:
1. The Report and Recommendation is hereby ADOPTED;
2. Plaintiff’s Motion for Judgment (ECF No. 18) is GRANTED IN PART and DENIED
IN PART; and Defendant’s Motion for Judgment on the Pleadings (ECF No. 25) is
DENIED; and
3. The matter is REMANDED to the Appeals Council for the limited review set forth in
the Report and Recommendation.
IT IS SO ORDERED.

/s/ James E. Boasberg
JAMES E. BOASBERG
United States District Judge
Date: Sept. 26, 2012

2