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)

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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. ) ) ) ) ) ) ) ) ) ) ) 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. __________________________________ RICHARD L. YOUNG, CHIEF JUDGE United States District Court Southern District of Indiana Distributed Electronically to Registered Counsel of Record.

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