Carlile v. Astrue

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 19 Report and Recommendations. Signed by Judge Clark Waddoups on 08/09/2013. (asp)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

JARED CARLILE
Plaintiff,

ORDER ADOPTING REPORT AND
RECOMMENDATION AND
REVERSING AND REMANDING

vs.
MICHAEL J. ASTRUE

Case No. 2:11-cv-823

Defendant.

This matter was referred to Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. §
636(b(1)(B). After consideration of the supporting memoranda and review of the record, the
Magistrate Judge filed a Report and Recommendation that the Commissioner’s decision denying
the claim for Disability Insurance Benefits under Title II of the Social Security Act and
Supplemental Security Income under Title XVI of the Social Security Act be reversed and
remanded for further proceedings. (Dkt No. 19) The Commissioner objected to the Report and
Recommendation (Dkt No. 20) and the Plaintiff filed a Response asking the court to sustain the
recommendation. (Dkt No. 21).
The court has reviewed the Report and Recommendation together with the supporting
record. Upon fully considering the arguments of the parties and their references to the record,
the court adopts in its entirety the Report and Recommendation. The court overrules the
objections of the Commissioner. The court further finds upon review of the supporting
testimony and exhibits that the failure of the Administrative Law Judge to properly evaluate the

opinions of the treating physician, Dr. Todd M. Haderlie, was not harmless error. The failure of
the Administrative Law Judge to conclude a proper evaluation denied Plaintiff the careful
examination of the record to which he is entitled. Had Dr. Haderlie’s opinions been properly
evaluated, the evidence would support a different conclusion than the decision reached by the
Commissioner.
The Commissioner’s decision in this case is REVERSED AND REMANDED for
further proceedings consistent with this ruling.
DATED this 9th day of August, 2013.
BY THE COURT:

Clark Waddoups
United States District Judge

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