HALL v. ASTRUE

Filing 16

ORDER ON 15 REPORT AND RECOMMENDATION: Accepted. Decision of Commissioner, denying benefits, is REVERSED and case REMANDED for reconsideration to give substantial weight to opinions of treating physicians Drs. Jaffe and Valentine. Signed by SENIOR JUDGE MAURICE M PAUL on 10/5/2011. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
IRMA HALL,
Plaintiff,
v.

CASE NO. 1:10-cv-00204-MP-WCS

MICHAEL J ASTRUE,
Defendant.
_____________________________/
ORDER
This matter is before the Court on Doc. 15, Report and Recommendation of the
Magistrate Judge, recommending that the decision of the Commissioner, denying benefits, be
reversed and this case remanded for further consideration. The time for filing objections has
passed, and none have been filed. The Court agrees with the Magistrate Judge that the ALJ's
decision to reject the opinions of Drs. Jaffe and Valentine is not supported by substantial
evidence in the record, and that it was error not to give those opinions substantial weight. The
Court also agrees that the correct procedure in this case is to remand the case to the
Commissioner with the direction that substantial weight be given to the opinions of those
treating physicians. Accordingly, it is hereby
ORDERED AND ADJUDGED:
The Report and Recommendation of the Magistrate Judge is accepted and incorporated
herein. The decision of the Commissioner, denying benefits, is reversed and the case
remanded for reconsideration in light of this order and the Report and Recommendation,
to give substantial weight to the opinions of treating physicians Drs. Jaffe and Valentine.
DONE AND ORDERED this 5th day of October, 2011

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge