Lodrigue v. Social Security Administration

Filing 13

ORDER granting 12 Objection to Report and Recommendations. Signed by Judge Jay C. Zainey. (jrc, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DEBRA PADDIE LODRIGUE

CIVIL ACTION

VERSUS

NO. 13-1154

CAROLYN COLVIN, COMMISSIONER
OF SOCIAL SECURITY ADMINISTRATION

SECTION “A” (1)

ORDER
Plaintiff filed objections to the magistrate judge’s Report
and Recommendation, and those objections were submitted for
consideration without oral argument. (Rec. Doc. 12-2).
The Court has considered the objections in light of the
ALJ’s findings and the Magistrate Judge’s Report and
Recommendation, and the Court is persuaded that the objection
regarding the application of SSR 96-7p is not without merit. The
ALJ gave significant weight to the lack of medical evidence for
certain time periods, particularly the time period between 2005
and 2010, which is when Plaintiff quit her job in light of her
disabilities. On the current record the Court cannot rule out the
possibility that Plaintiff was improperly penalized for what very
well might have been a lack of resources to obtain necessary
healthcare.
Accordingly;

IT IS ORDERED that Plaintiff’s Objections (Rec. Doc. 12) are
GRANTED as follows: This matter is REMANDED to the Commissioner
for further consideration of this matter.
January 23, 2014

UNITED STATES DISTRICT JUDGE

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