FLECHSIG v. COLVIN

Filing 23

ORDER adopting Magistrate Judge's 21 Report and Recommendations. The decision of the ALJ is REVERSED and case is REMANDED for further proceedings. Signed by Judge Richard L. Young on 3/11/2016. (TMD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
SABRINA M. FLECHSIG,

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Plaintiff,
vs.
CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,
Defendant.

1:15-cv-00194-RLY-DKL

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Sabrina M. Flechsig, Plaintiff, filed a request for judicial review of the decision of
Carolyn W. Colvin, Acting Commissioner of the Social Security Administration, to deny
her application for disability insurance benefits under Title II of the Social Security Act,
42 U.S.C. § 401 et seq. The court referred the matter to the Magistrate Judge, who issued
her Report and Recommendation. The Magistrate Judge concluded that the
Administrative Law Judge (“ALJ”) erred by failing to justify his credibility assessment of
Plaintiff and failing to address evidence of chronic obstructive pulmonary disease and
associated breathing problems. The Magistrate Judge accordingly recommended that the
matter be remanded for reconsideration by the ALJ. Neither party objects.
Consequently, the court reviews the Report and Recommendation for clear error.
Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).

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After reviewing the record, this court is satisfied that the Magistrate Judge did not
commit clear error. Therefore, the court ADOPTS the Magistrate Judge’s Report and
Recommendation (Filing No. 21), REVERSES the decision of the ALJ, and REMANDS
the matter to the ALJ for further proceedings.

SO ORDERED this 11th day of March 2016.
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RICHARD L. YOUNG, CHIEF JUDGE
United States District Court
Southern District of Indiana

Distributed Electronically to Registered Counsel of Record.

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