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07-064 - Welch v. Social Security Administration


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07-064 - Welch v. Social Security Administration
August 26, 2008
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REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 1 DCM Complaint filed by Mark Welch;... For the reasons set forth above, it is the recommendation of the undersigned that the decision of the Commissioner of Social Security be reversed and remanded under Sentence 4 of 42 U.S.C. ยง 405(g). Upon remand, the ALJ should make specific findings as to the physical and mental demands of Welch's past relevant work. The ALJ should inquire into the actual demands of Welch's former jobs or the demands of the jobsas performed in the national economy. The ALJ should then compare Welchs residual functional capacity to the demands of his former jobs, and decide whether Welch is able to perform his past relevant work. The parties are advised that they have ten days to file written objections to this Report and Recommendation. The failure to file timely written objections may waive the right to appeal issues of fact. Objections to R&R due by 9/9/2008 Signed by Mag Judge David D. Noce on 08/26/2008. (DJO)
November 4, 2008
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ORDER adopting Report and Recommendations re 35 Report and Recommendations. FINALLY ORDERED that the Commissioner of Social Security's decision be and is reversed and pursuant to sentence four of 42 USC 405(g) remanded to the Commissioner for further proceeding. This Court does not retain jurisdiction of this case. Signed by Honorable Stephen N Limbaugh, Jr on 11/4/08. (LGK)