Stallworth v. Berryhill

Filing 29

Judge Richard G. Stearns: ORDER entered granting 20 Motion for Judgment on the Pleadings to the extent that this action is remanded to the Commissioner for further administrative proceedings; denying 24 Motion for Order Affirming Decision of Commissioner; adopting Report and Recommendations re 28 Report and Recommendations. (RGS, law1)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 17-12442-RGS
AUBREY BROOKS STALLWORTH, JR.
v.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security
ORDER ON REPORT AND RECOMMENDATION
OF THE MAGISTRATE JUDGE
January 23, 2019
STEARNS, D.J.
Having reviewed the well-reasoned Report and noting that no
objections have been filed by the plaintiff or the Acting Commissioner, the
Recommendation of Magistrate Judge Bowler is ADOPTED. The matter is
hereby remanded to the Administrative Law Judge (ALJ) for further
proceedings consistent with the Magistrate Judge’s Report. 1
SO ORDERED.
/s/ Richard G. Stearns__________
UNITED STATES DISTRICT JUDGE

I draw particular attention to the flaws identified by Magistrate Judge
Bowler in the Administrative Law Judge’s assessment and weighing of the
opinions of Dr. Mayhew (plaintiff’s treating psychiatrist) against those of the
non-examining consultants. See Report, at 51-52.
1