MINOR v. COLVIN

Filing 23

ORDER adopting Magistrate Judge's 22 Report and Recommendation. The decision of the ALJ is REVERSED and this matter is REMANDED to the SSA for further proceedings. Signed by Judge Richard L. Young on 8/2/2016. (TMD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
REBECCA E. MINOR,
Plaintiff,
vs.
CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,
Defendant.

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1:15-cv-01017-RLY-DKL

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Rebecca E. Minor, Plaintiff, filed a request for judicial review of the decision by
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., and supplemental security income under Title XVI of the Social
Security Act, 42 U.S.C. § 1381 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 address (1) the evidence
that Plaintiff meets Listing 3.02 for chronic pulmonary insufficiency with an FEV1 less
than 1.35, (2) her breathing problems, (3) her head pain, headaches, or migraines, and (4)
the evidence regarding whether she medically equals any listed impairment. The
Magistrate Judge accordingly recommended that this case be remanded for further
proceedings. 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).
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. 22), REVERSES the decision of the ALJ, and REMANDS
the matter to the Social Security Administration for further proceedings.

SO ORDERED this 2nd day of August 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.