Spiker v. Colvin

Filing 26

ORDER ADOPTING 23 Report and Recommendations of the Magistrate Judge, Defendant's Objections are overruled. The decision of the Commissioner is remanded pursuant to 42 U.S.C. § 405(g), for further proceedings consistent with this opinion. Signed by Chief Judge Lisa G. Wood on 8/18/2014. (ca)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
WAYCROSS DIVISION

DAVID SPIKER,
Plaintiff,
CIVIL ACTION NO.: CV513-048

V.

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.
ORDER
After an independent and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Defendant
filed Objections. In her Objections, Defendant asserts that the Administrative Law
Judge ("AU") gave explicit reasons based on good cause to reject the opinions of
Plaintiffs treating physicians. As a result, Defendant asserts that the Magistrate
Judge's Report and Recommendation should be rejected.
While it is clear that the ALJ properly rejected the treating physicians' conclusion
that Plaintiff is unable to work, it is not clear whether the AL's rejection of the treating
physicians' medical opinions had a proper basis. Rather, the AL's rejections are so
intertwined with each other that this Court cannot discern on what basis the AU
rejected the medical opinions of Plaintiffs treating physicians.

AO 72A
(Rev. 8/82)

Defendant's Objections are overruled.

The Magistrate Judge's Report and

Recommendation is adopted as the opinion of the Court. The decision of the
Commissioner is REMANDED pursuant to 42 U.S.C. § 405(g), for further proceedings
consistent with this opinion.
SOORDERED,this

_ dayof

2014.

LISA GQDBEY WOOD, CHIEF1UDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8182)