Balthrop V Commissioner, SSA

Filing 14

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 13 Report and Recommendations. ORDERED that the decision of the Commissioner is REMANDED. The Commissioner's decision regarding the weighing of medical evidence is AFFIRMED. Signed by Judge Amos L. Mazzant, III on 1/30/2017. (daj, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

JESSICA BALTHROP,

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Plaintiff,
v.
COMMISSIONER, SSA,
Defendant.

CIVIL ACTION NO. 4:15CV802
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 6, 2017, the Report of the Magistrate Judge (Dkt.
#13) was entered containing proposed findings of fact and recommendations that the decision of
the Administrative Law Judge (“ALJ”) be remanded.
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 REMANDED. The
Commissioner’s decision regarding the weighing of medical evidence is AFFIRMED. The ALJ
improperly rejected Plaintiff Jessica Balthrop’s treating physicians’ opinions without analyzing
their opinions under the factors under 20 C.F.R. § 404.1527(d). Thus, the Court remands the case
to the ALJ to reconsider the treating physicians’ opinions in accordance with the Report (Dkt.
1

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#13), reconsider Plaintiff’s residual functional capacity, if necessary, and render a decision
accordingly.
IT IS SO ORDERED.
SIGNED this 30th day of January, 2017.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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