Madcke v. Social Security Administration Commissioner

Filing 39

ORDER ADOPTING REPORT AND RECOMMENDATIONS 35 by Chief Judge Ralph R. Erickson. Plaintiff's 18 Motion for Summary Judgment is denied; Plaintiff's 24 Motion to Remand is granted; and Defendant's 27 Motion for Summary Judgment is denied. This case is hereby remanded to the Commissioner.(SH)

Madcke v. Social Security Administration Commissioner

Doc. 39

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA SOUTHEASTERN DIVISION Michael M. Madcke, Plaintiff, -vsSocial Security Administration Commissioner, Michael J. Astrue, Defendant. ) ) ) ) ) ) ) ) ) )

Case No. 3:09-cv-108 ORDER ADOPTING REPORT AND RECOMMENDATION

Plaintiff Michael M. Madcke ("Madcke") has sought judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying his application for disability insurance benefits and for supplemental security income. The Court has received a Report and Recommendation from the Honorable Karen K. Klein, United States Magistrate Judge, pursuant to 28 U.S.C. § 636, recommending the Commissioner's decision be remanded for reconsideration of Madcke's subjective complaints in determining his residual functional capacity (Doc. #35). The Commissioner objected to the Report and Recommendation (Doc. #36), and Madcke responded to those objections (Doc. #37). The Commissioner contends the Administrative Law Judge's ("ALJ") credibility analysis is supported by substantial evidence and free from legal error; therefore, the Commissioner's final decision should be affirmed. After carefully reviewing the entire record, the Court finds the ALJ failed to adequately explain and support his credibility findings when determining Madcke's residual functional capacity. After considering the magistrate judge's Report and Recommendation, conducting a de novo review of the Commissioner's objections, and reviewing the entire file, the Court hereby

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adopts the Report and Recommendation in its entirety. For the reasons set forth therein, Madcke's motion for summary judgment reversing the ALJ's decision (Doc. #18) is DENIED; the Commissioner's motion for summary judgment (Doc. #27) is DENIED; Madcke's motion to remand (Doc. #24) is GRANTED and the case is REMANDED for reconsideration of Madcke's subjective complaints in determining his RFC. IT IS SO ORDERED. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated this 6th day of October, 2010. /s/ Ralph R. Erickson Ralph R. Erickson, Chief Judge United States District Court

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