Walton v. Social Security Administration, Commissioner, No. 5:2016cv01199 - Document 17 (N.D. Ala. 2018)
Court Description: MEMORANDUM OPINION AND ORDER DISMISSING CASE that the magistrate judge's report is ADOPTED and his recommendation is ACCEPTED; the decision of the Commissioner is REVERSED and this action is REMANDED to the Commissioner if the Social Security Administration for further proceedings consistent with this memorandum opinion and order. Signed by Judge C Lynwood Smith, Jr on 7/16/2018. (AHI )
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Walton v. Social Security Administration, Commissioner Doc. 17 FILED 2018 Jul-16 PM 02:43 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION DERRICK WALTON, Claimant, vs. NANCY A. BERRYHILL, Acting Commissioner, Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 5:16-cv-01199-CLS MEMORANDUM OPINION AND ORDER The magistrate judge filed a report on June 15, 2018, recommending that this court should reverse the decision of the Commissioner of the Social Security Administration to deny claimant’s claim for a period of disability, disability insurance, and supplemental security income benefits, and remand the case to the Commissioner for consideration of claimant’s use of a cane during the formulation of claimant’s residual functional capacity.1 Claimant was notified of his right to file objections within fourteen days of the report and recommendation,2 but to date, no objections have been received by the court. Having carefully reviewed and considered de novo all the materials in the court 1 Doc. no. 13 (Report and Recommendation). 2 Id. at 26-27. Dockets.Justia.com file, including the report and recommendation, the court concludes that the Commissioner’s decision was not supported by substantial evidence because it did not discuss claimant’s need to use a cane. Accordingly, the magistrate judge’s report is hereby ADOPTED, and the recommendation is ACCEPTED. The decision of the Commissioner is REVERSED, and this action is REMANDED to the Commissioner of the Social Security Administration for further proceedings consistent with this memorandum opinion and order. The Clerk is directed to close this file. DONE this 16th day of July, 2018. ______________________________ United States District Judge 2
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