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06-1706 - Tobias v. Social Security Administration

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06-1706 - Tobias v. Social Security Administration
January 15, 2008
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REPORT AND RECOMMENDATIONS re 1 DCM Complaint filed by Pamela Tobias his decision, the ALJ found D.T. had, at worst, a markedlimitation in acquiring and using information because of his borderlineintellectual functioning and syntax disorder. As noted above, D.T. alsohad a marked limitation in his ability to complete tasks. Because D.T.had marked limitations in two functional domains, it is therecommendation of the undersigned that the decision of the Commissionerof Social Security be reversed and remanded for an award of benefitsunder Sentence 4 of 42 U.S.C. § 405(g). The parties are advised that they have ten days to file writtenobjections to this Report and Recommendation. The failure to filetimely written objections may waive the right to appeal issues of fact. Objections to R&R due by 2/4/2008. Signed by Mag Judge David D. Noce on 1/15/08. (CQL)
February 21, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS for 17 Report and Recommendations. IT IS HEREBY ORDERED that the Report and Recommendation of the United States Magistrate Judge is sustained, adopted and incorporated herein. [Doc. 17] IT IS FURTHER ORDERED that the decision of the Commissioner is REVERSED. IT IS FURTHER ORDERED that pursuant to sentence four of 42 U.S.C. § 405(g), this case is REMANDED to the Commissioner for further proceedings consistent with the Report and Recommendation. Signed by Honorable Charles A. Shaw on 2/21/2008. (NCL)