Moreno v. Social Security Administration

Filing 17

ORDER by Judge Ronald A. White: Affirming and adopting 15 the Report and Recommendation which reverses and remands the decision of ALJ.(acg, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
DELIA G. MORENO,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security
Administration,
Defendant.

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) Case No. CIV-15-141-RAW-KEW
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ORDER REMANDING CASE FOR FURTHER PROCEEDINGS
On August 11, 2016, Magistrate Judge West entered a Report and Recommendation
in the above-referenced case, recommending that this court reverse the Commissioner’s
decision upholding on appeal the findings of the Administrative Law Judge (“ALJ”), denying
benefits to plaintiff. The recommended remand was based upon the ALJ reassessing the
applicability of Listing 1.04(A) involving the spine.
Defendant filed an objection, which has been duly considered. Defendant’s argument
is essentially to invoke the harmless error doctrine, in which the court can “confidently say
that no reasonable factfinder, following the correct analysis, could have resolved the factual
matter in any other way.” Allen v. Barnhart, 357 F.3d 1140, 1145 (10 th Cir.2004).
Here, the Magistrate Judge expressly found that “[c]learly, the cervical spine could
meet the requirements of Listing 1.04 from this evidence in the record.” (#15 at 7)(emphasis
added). The court concurs with this finding.

Upon full consideration of the entire record and the issues herein, this court finds that
the Magistrate Judge’s findings are supported by substantial evidence and the prevailing legal
authority. Accordingly, the Report and Recommendation of the United States Magistrate
Judge is hereby AFFIRMED and ADOPTED as this court’s Findings and Order. The
decision of the Secretary is reversed and this case is remanded to Defendant pursuant to the
fourth sentence of 42 U.S.C. §405(g) for further administrative proceedings.
ORDERED THIS 28th DAY OF SEPTEMBER, 2016.

Dated this 28 th day of September, 2016.

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