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Grandchamp v. Commissioner of Social Security

March 22, 2010

CYNTHIA GRANDCHAMP, PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.



The opinion of the court was delivered by: Paul D. Borman United States District Judge

Mona K. Majzoub United States Magistrate Judge

OPINION AND ORDER (1) ADOPTING THE MAGISTRATE JUDGE'S RECOMMENDATION (DKT. NO. 14); (2) DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DKT. NO. 13); (3) GRANTING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DKT. NO. 10); (4) REMANDING TO THE COMMISSIONER REGARDING THE ISSUE OF PLAINTIFF'S MENTAL IMPAIRMENTS

Before the Court is the Magistrate Judge's January 25, 2010 Report and Recommendation (Dkt. No. 14) in favor of denying Defendant's Motion for Summary Judgment (Dkt. No. 13), granting in part Plaintiff's Motion for Summary Judgment (Dkt. No. 10) and remanding the case pursuant to sentence four of 42 U.S.C. § 405(g) which provides that: "The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing."

Having reviewed the Magistrate Judge's Report and Recommendation, and there being no objections, the Court enters as its findings and conclusions the Recommendation DENYING Defendant's Motion for Summary Judgment, GRANTING IN PART Plaintiff's Motion for Summary Judgment*fn1 and REMANDING to the Commissioner pursuant to 42 U.S.C. § 405(g). The Court does not adopt the multiple demands imposed on the ALJ by the Magistrate Judge on pages 13-17 of the Report and Recommendation. The Court does, nevertheless, intend that the ALJ explain its conclusion regarding the issue of mental impairment.

SO ORDERED.

PAUL D. BORMAN UNITED STATES ...


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