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Carter v. Berryhill, 5:18-cv-0027-CLS. (2018)

Court: District Court, N.D. Alabama Number: infdco20181221c09 Visitors: 11
Filed: Dec. 20, 2018
Latest Update: Dec. 20, 2018
Summary: MEMORANDUM OPINION AND ORDER C. LYNWOOD SMITH, JR. , District Judge . The magistrate judge entered a report on December 3, 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 and disability insurance benefits, and remand the case to the Commissioner for further consideration of the Department of Veterans Affairs disability benefits letter. 1 Claimant was notified of his
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MEMORANDUM OPINION AND ORDER

The magistrate judge entered a report on December 3, 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 and disability insurance benefits, and remand the case to the Commissioner for further consideration of the Department of Veterans Affairs disability benefits letter.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 file, including the report and recommendation, the court concludes that the Commissioner's decision was not supported by substantial evidence because it did not adequately address the Department of Veterans Affairs disability benefit letter. 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.

FootNotes


1. Doc. no. 17 (Report and Recommendation).
2. Id. at 20-21.
Source:  Leagle

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