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Patricia Boston v. Commissioner of Social Security

October 17, 2011

PATRICIA BOSTON, PLAINTIFF
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT



The opinion of the court was delivered by: Herman J. Weber, Senior Judge United States District Court

ORDER

This matter is before the Court upon the Report and Recommendation of the United States Magistrate Judge (doc. no. 13) to which neither party has objected. Upon a de novo review of the record, the Court finds that the Magistrate Judge has accurately set forth the applicable law and has properly applied it to the particular facts of this case. This Court accepts the Report as uncontroverted. The Report and Recommendation is ADOPTED AND INCORPORATED herein.

Accordingly, for the reasons stated in the Report and Recommendation (doc. no. 13) the Court finds the ALJ's analysis is unsupported by substantial evidence. The decision of the Commissioner to deny plaintiff DIB benefits is REVERSED. This matter is REMANDED pursuant to Sentence Four of 42 U.S.C. § 405(g). On remand, the ALJ is instructed to: (1) carefully review evidence of plaintiff's allegations of additional limitations based on evidence of fibromyalgia and/or carpal tunnel syndrome; and (2) properly review the medical evidence and give specific reasons for the weight given to the opinions of plaintiff's treating physicians.

This matter is DISMISSED AND TERMINATED on the docket of this Court.

IT IS SO ORDERED.

Herman J. Weber

20111017

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