Sadler v. Commissioner of Social Security

Filing 26

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 25 ; Judgment to issue; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CORY D. SADLER,
Plaintiff,

Case No: 1:12-cv-1263

v.

HON. JANET T. NEFF

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
/
ORDER
Plaintiff seeks judicial review of a decision of the Commissioner of the Social Security
Administration. 42 U.S.C. § 405(g). The matter was referred to the Magistrate Judge, who issued
a Report and Recommendation on January 28, 2014, recommending that this Court reverse and
remand the Commissioner’s decision pursuant to sentence four of 42 U.S.C. § 405(g) for a reevaluation of Dr. Cooney’s May 4, 2011 opinion, an explanation for rejecting Plaintiff’s limited
ADLs as not “objectively verified,” and a re-evaluation of Plaintiff’s credibility with respect to his
alleged need to lie down during the day. If the Commissioner finds on remand that Plaintiff’s RFC
has changed, then she should re-evaluate Plaintiff’s RFC and determine whether he can perform the
unskilled light jobs of cashier, assembler and inspector, or other work in the national economy. The
Report and Recommendation was duly served on the parties. No objections have been filed. See
28 U.S.C. § 636(b)(1). Therefore,
IT IS HEREBY ORDERED that the Report and Recommendation of the Magistrate Judge
(Dkt 25) is APPROVED and ADOPTED as the Opinion of the Court and the decision of the
Commissioner of Social Security is REVERSED and REMANDED.
A Judgment will be entered consistent with this Order.

Dated: February 19, 2014

/s/ Janet T. Neff
JANET T. NEFF
United States District Judge