LEE v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER, No. 2:2020cv00040 - Document 21 (D. Me. 2020)
Court Description: ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re: 20 Report and Recommendations. By JUDGE JON D. LEVY. (aks)
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LEE v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER Doc. 21 Case 2:20-cv-00040-JDL Document 21 Filed 12/01/20 Page 1 of 2 PageID #: 1509 UNITED STATES DISTRICT COURT DISTRICT OF MAINE JUDY L., Plaintiff, v. ANDREW M. SAUL, Commissioner of Social Security, Defendant. ) ) ) ) ) 2:20-cv-00040-JDL ) ) ) ) ) ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE Judy L. seeks judicial review of the Social Security Administration Commissioner’s final decision that determined that she is not disabled and denied her application for Social Security Insurance benefits (ECF Nos. 1, 11). On July 2, 2020, the Commissioner moved to remand the case to the Administrative Law Judge under sentence four of 42 U.S.C.A. § 405(g) (West 2020), for further assessment of the Plaintiff’s residual functional capacity and, in particular, the restrictions imposed by her daily living skills (DLS) assistance schedule (ECF No. 15). 1 The Plaintiff opposes a remand, arguing that the evidence clearly establishes her right to a favorable determination (ECF No. 16). United States Magistrate Judge John C. Nivison held a hearing on the matter on September 15, 2020 (ECF No. 19). Pursuant to 28 U.S.C.A. § 636(b)(3) (West 2020), the Magistrate Judge filed his Recommended Decision with the Court on 1 The Plaintiff receives DLS assistance through the MaineCare Program administered by the Maine Department of Health and Human Services. Dockets.Justia.com Case 2:20-cv-00040-JDL Document 21 Filed 12/01/20 Page 2 of 2 PageID #: 1510 September 23, 2020, recommending that the Court grant the Commissioner’s motion (ECF No. 20). The time within which to file objections has expired, and no objections have been filed. The Magistrate Judge notified the parties that failure to object would waive their right to de novo review and appeal. Having reviewed and considered the Magistrate Judge’s Recommended Decision, I concur with the Magistrate Judge’s conclusions as set forth in his Recommended Decision. It is therefore ORDERED that the Recommended Decision (ECF No. 20) of the Magistrate Judge is hereby ACCEPTED. The Commissioner’s decision is VACATED, and the matter is REMANDED to the Commissioner under sentence four of 42 U.S.C.A. § 405(g) for further proceedings consistent with this opinion. The proceedings on remand will be limited to the reassessment of the Plaintiff’s residual functional capacity, with specific consideration given to any limitations or restrictions imposed by the mechanics of her treatment. SO ORDERED. Dated this 1st day of December, 2020. /s/ Jon D. Levy CHIEF U.S. DISTRICT JUDGE 2
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