Rauch v. Commissioner of Social Security

Filing 16

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 15 ; reversing and remanding the decision of the Commissioner of Social Security; Judgment to issue; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION SARAH RAUCH, Plaintiff, Case No. 1:18-cv-408 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 June 20, 2019, recommending that this Court reverse and remand the Commissioner’s decision. 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 (ECF No. 15) is APPROVED and ADOPTED as the Opinion of the Court, and the decision of the Commissioner of Social Security is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405g. On remand, the Commissioner should (1) re-evaluate the opinion of LLP Reilly, and (2) re-evaluate Plaintiff’s symptoms and determine the extent to which Plaintiff’s alleged functional limitations can reasonably be accepted as consistent with the evidence. A Judgment will be entered consistent with this Order. Dated: July 9, 2019 /s/ Janet T. Neff JANET T. NEFF United States District Judge

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