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Spiker v. Colvin

United States District Court, S.D. Georgia, Waycross Division

August 18, 2014

DAVID SPIKER, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER

LISA GODBEY WOOD, Chief District Judge.

After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Defendant filed Objections. In her Objections, Defendant asserts that the Administrative Law Judge ("AU") gave explicit reasons based on good cause to reject the opinions of Plaintiffs treating physicians. As a result, Defendant asserts that the Magistrate Judge's Report and Recommendation should be rejected.

While it is clear that the ALJ properly rejected the treating physicians' conclusion that Plaintiff is unable to work, it is not clear whether the AL's rejection of the treating physicians' medical opinions had a proper basis. Rather, the AL's rejections are so intertwined with each other that this Court cannot discern on what basis the AU rejected the medical opinions of Plaintiffs treating physicians.

Defendant's Objections are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. The decision of the Commissioner is REMANDED pursuant to 42 U.S.C. ยง 405(g), for further proceedings consistent with this opinion.

SO ORDERED.


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