MILES v. SAUL, No. 1:2018cv00132 - Document 22 (M.D.N.C. 2020)

Court Description: MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 02/10/2020, that the Commissioner's decision finding no disability be REVERSED, and that the matt er be REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g). The Commissioner should be directed to remand the matter to the ALJ for proceedings consistent with this Recommendation. To this extent, Defendant's Motion for Judgment on the Pleadings [Doc. # 15 ] should be DENIED, and Plaintiff's Brief, which the Court has construed as a Motion for Judgment on the Pleadings, [Doc. # 14 ] should be GRANTED. However, to the extent that Plaintiff's motion seeks a n immediate award of benefits, it should be DENIED. IT IS FURTHER RECOMMENDED that Plaintiff's "Motion for Leave to Amend Complaint and Pleadings of Memorrandum [sic] Opposing the Commissioners [sic] Motion for Judgment on the Pleadings" [Doc. # 19 ] should be DENIED as moot. (Garland, Leah)