Bordulis v. Social Security Administration, Commissioner

Filing 14

ORDER AFFIRMING, APPROVING and ADOPTING 13 Magistrate Judge's Report and Recommendation. Plaintiff's 10 Motion to Reverse the Decision of the Commissioner is GRANTED in part, Commissioner's 11 Motion to Affirm the Decision is DENIED. This matter is REMANDED. Signed by District Judge J. Garvan Murtha on 11/20/2012. (kak)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT

JOHN J. BORDULIS, III,
Plaintiff,

:
:
:
v.
:
:
MICHAEL J. ASTRUE, Commissioner, :
Social Security Administration,
:
Defendant.
:

File No. 1:12-cv-30-jgm

ORDER
The Magistrate Judge's Report and Recommendation was filed October 10,
2012. (Doc. 13.) After de novo review and absent objection, the Report and
Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. §
636(b)(1).
Plaintiff’s motion to reverse the decision of the Commissioner (Doc. 10) is
GRANTED in part. The Commissioner’s motion to affirm the decision (Doc. 11) is
DENIED. This matter is REMANDED to the Administrative Law Judge for further
proceedings, including reconsideration of Plaintiff’s disability claim starting at step
two, a new determination of his residual functional capacity, and a new decision.
SO ORDERED.
Dated at Brattleboro, in the District of Vermont, this 20th day of November,
2012.
/s/ J. Garvan Murtha
Honorable J. Garvan Murtha
United States District Judge