Toledano v. Commissioner, SSA

Filing 18

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 17 Report and Recommendations. ORDERED that the decision of the Commissioner is AFFIRMED IN PART and REMANDED IN PART. The Commissioner's decision regar ding the weighing of medical evidence is AFFIRMED. The Commissioner's decision as to step five of the analysis is not supported by substantial evidence; thus, on remand, the Court finds the ALJ shall fully develop the record with regard to whether there are other positions available besides jobs at a sedentary level to discover whether Plaintiff Alice Toledano is exertionally limited to sedentary occupations. Signed by Judge Amos L. Mazzant, III on 1/25/2017. (daj, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

ALICE TOLEDANO,
Plaintiff,
v.
COMMISSIONER, SSA,
Defendant.

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CIVIL ACTION NO. 4:15CV670
JUDGE MAZZANT/JUDGE JOHNSON

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the Report of the United States Magistrate Judge in this
action, the matter having been heretofore referred to the United States Magistrate Judge
pursuant to 28 U.S.C. § 636. On January 3, 2017, the Report of the Magistrate Judge (Dkt.
#17) was entered containing proposed findings of fact and recommendations that the decision of
the Administrative Law Judge (“ALJ”) be affirmed in part and remanded in part.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, this Court is of the opinion that the findings and conclusions of the
Magistrate Judge are correct and adopts the Magistrate Judge’s Report as the findings
and conclusions of the Court.
It is, therefore, ORDERED that the decision of the Commissioner is AFFIRMED IN
PART and REMANDED IN PART. The Commissioner’s decision regarding the weighing of
medical evidence is AFFIRMED. The Commissioner’s decision as to step five of the analysis is
not supported by substantial evidence; thus, on remand, the Court finds the ALJ shall fully develop

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the record with regard to whether there are other positions available besides jobs at a sedentary
level to discover whether Plaintiff Alice Toledano is exertionally limited to sedentary occupations.
IT IS SO ORDERED.
SIGNED this 25th day of January, 2017.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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